To ensure knowledge of and compliance with current laws, all attorneys, paralegals, and legal secretaries working in Santa Clara County must be aware of updated court reporter policies. Here’s what you need to know about the rules made effective July 24, 2017.
Official Court Reporters are Provided in Civil Cases
The court will provide its own court reporters in cases that are assigned for trial or long cause hearing to the Civil Division or will be heard by a judge assigned to the Civil Division. These include the following types of cases:
- Felony criminal
- Juvenile dependency
- Juvenile justice
- Lanterman-Petris-Short (LPS) Act
- Guardianships of the person or estate
- Civil harassment
- Civil contempt
Parties May Arrange Court Reporters When Not Provided
For hearings and trials in limited, unlimited, and probate matters, attorneys have the right to arrange and pay for a court reporter if an official reporter is not available. Santa Clara County Superior Court has established a policy regarding how a privately retained court reporter can qualify as an official reporter pro tempore. Eligible reporters must file a Stipulation and Appointment of Official Reporter Pro Tempore form and meet the following requirements:
- Have a valid and current California Certified Shorthand Reporter License.
- Be in good standing with the Court Reporters Board of California.
- Not be a current full-time employee of the court. Serving as an official reporter pro tempore must also not interfere with any part-time court employment.
- Be willing to provide current contact information with the court.
- Charge their fees to the party who arranged for their services, not the court.
- Comply with all statutes and rules applicable to official reporters pro tempore, including timely preparation of transcripts in the proper form.
- Demonstrate the highest standards of ethics and impartiality in performing their duties.
- Upload electronic archiving of notes within 48 hours of the proceedings.
- Follow directions from the court and subject to the jurisdiction of the court to the same extent as an official reporter.
- Be available for the read-back of notes within 30 minutes of the court’s request.
- Provide and connect the equipment necessary for real-time reporting or other litigation support services.
Be aware that there can only be one official record of court proceedings, and therefore only one court reporter. If any parties are in disagreement as to who should serve in this capacity, the judicial officer will make the selection.
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