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Prepared by Cathy R. Wells.
Broadwater HB No. 1101
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
COURTS/COURT REPORTERS. Provides relative to court reporters.
DIGEST
Present law relative to certification of depositions, prohibits the original of the deposition
from being filed in the record, but requires the original to be made available to all other
parties in the matter for inspection or copying.
Proposed law removes present law prohibition and requirement.
Present law requires the party taking the deposition to give prompt notice to all other parties
of its availability for inspection or copying.
Proposed law repeals present law requirement.
Proposed law defines "court reporting firm" as any person, company, corporation,
organization, partnership, group, limited liability entity, commercial enterprise, or other
entity doing business in Louisiana that is owned or controlled by a person who is not licensed
by the board to practice court reporting and that engages others or itself engages in any aspect
of the practice of court reporting as defined by statute or by rule, including such activities as
arranging for or engaging the services of a licensed court reporter, reporting, recording,
taking, producing, transcribing, delivering, or invoicing depositions, court proceedings,
sworn statement, or other similar preservation of testimony, or any other activities as
identified in rules promulgated by the board. Proposed law further provides that a lawyer
admitted to practice in Louisiana, or a group of lawyers, or a law firm, or the clerical or
administrative employees of such are not to be considered a court reporting firm.
Proposed law provides that a court reporting firm is considered a "person" and a "reporter"
for the purposes of present law.
Present law provides that a deposition shall be taken before an officer authorized to
administer oaths, who is not an employee or attorney of any of the parties, or otherwise
interested in the outcome of the case. Provides that "an employee" includes a person who
has a contractual relationship with a party to provide shorthand reporting or other court
reporting services.
Proposed law provides that if a licensed Louisiana court reporter has no actual knowledge
of a prohibited employment or contractual relationship between a party litigant and a court
reporting firm, and if the reporter receives certification that the firm has no prohibited
contractual or employment relationship with a party litigant, the reporter may accept
employment from the firm and shall not be considered an "employee" for purposes of present
law.
Proposed law requires the Board of Examiners of Certified Shorthand Reporters to establish
by rule the procedures and representations by which a court reporting firm shall provide the
necessary certification to court reporters.
Present law authorizes the Board of Examiners of Certified Shorthand Reporters, on its own
motion or if requested in writing by verified complaint, to investigate the actions of any
person applying for, holding, or claiming to hold any certificate, or any person practicing
court reporting without first having obtained a certificate.
Proposed law retains present law and adds that at the commencement of any such
investigation, notice shall be provided to any person subject to the investigation and shall
provide the nature and subject of the investigation. Page 2 of 2
Prepared by Cathy R. Wells.
(Amends C.C.P. Art. 1446(A)(1) and R.S. 37:2557(B); adds R.S. 37:2555(G) and 2556(D);
repeals R.S. C.C.P. Art. 1446(C))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
engrossed bill
1. Adds provisions relative to the filing of original depositions.
2. Adds definition of "court reporting firm".
3. Adds provisions relative to prohibited employment and contractual
relationships.
4. Adds provisions repealing present law requirement of prompt notice of
deposition availability.