Posts

CA Rules of Court 8.130

California Rules of Court – 2017 Reporter’s transcript

Reading through the 2017 California Rules of Court regarding court reporter’s transcripts, there are some provisions that are particularly interesting relating to timeliness, the cost of transcripts, and the appellant’s ability to deposit a certified transcript.

APPEAL TRANSCRIPT COST:

8.130(b)(1)(A) The amount specified in the reporter’s written estimate; or (B) An amount calculated as follows:

(i) For proceedings that have NOT been previously been transcribed: $325 per fraction of the day’s proceedings that did not exceed three hours; or $650 per day or fraction that exceeded three hours.

(ii) For proceedings that have previously been transcribed: $80 per fraction of the day’s proceedings that did not exceed three hours, or $160 per day or fraction that exceeded three hours.

(3) Instead of a deposit under (1), the party may substitute:

(A) The reporter’s written waiver of a deposit.  A reporter may waive the deposit for a part of the designated proceedings, but such a waiver replaces the deposit for only that part.

(B) A copy of the Transcript Reimbursement Fund application filed under (c)(1)

(C) A certified transcript of all the proceedings designated by the party.  The transcript must comply with the format requirements of rule 8.144.

 

APPEAL TRANSCRIPT TIMELINESS:

Rule 8.130(d): Superior court clerk’s duties

  1. The clerk must file a party’s notice of designation even if the party does not present the required deposit under (b)(1) or a substitute under (b)(3) with its notice of designation.
  2. The clerk must promptly send the reporter notice of the designation and of the deposit or substitute and notice to prepare the transcript, showing the date the notice was sent to the reporter, when the court receives:
  1. The required deposit under (b)(1);
  2. A reporter’s written waiver of a deposit under (b)(3); or
  3. A copy of the Court Reporters Board’s provisional approval of the party’s application for payment under the Transcript Reimbursement Fund under (c).

Rule 8.130(f): Filing the transcript; copies; payment

  1. Within 30 days after notice is sent under (d)(2), the reporter must prepare and certify an original of the transcript and file it in superior court. The reporter must also file one copy of the original transcript, or more than one copy if multiple appellants equally share the cost of preparing the record (see rule 8.147(a)(2)). Only the reviewing court can extend the time to prepare the reporter’s transcript (see rule 8.60).
  2. When the transcript is completed, the reporter must notify all parties to the appeal that the transcript is complete, bill each designating party at the statutory rate, and send a copy of the bill to the superior court clerk. The clerk must pay the reporter from that party’s deposited funds and refund any excess deposit or notify the party of any additional funds needed. In a multiple reporter case, the clerk must pay each reporter who certifies under penalty of perjury that his or her transcript portion is completed.
  3. If the appeal is abandoned or is dismissed before the reporter has filed the transcript, the reporter must inform the superior court clerk of the cost of the portion of the transcript that the reporter has completed. The clerk must pay that amount to the reporter from the appellant’s deposited funds and refund any excess deposit.
  4. On request, and unless the superior court orders otherwise, the reporter must provide the Court of Appeal or any party with a copy of the reporter’s transcript in computer-readable format. Each computer-readable copy must comply with the requirements of rule 8.144(a)(4).

Filing court transcripts for the Court of Appeal is complicated. My staff have found that many attorneys are not sure when the court reporter is to begin finalizing the appeal transcript.  Receiving formal notice of designations under (d)(2) from the superior court clerk triggers the start time in which the court reporter can produce the appeal transcript.  Our company has had frequent requests from attorneys asking us to begin an appeal transcript before the provisions in (d)(2) occurs.  The transcript is finalized, but the court reporter’s hands are tied without receiving the new appeal case number and how many designations/volumes are formally ordered.

Court reporters that provide court reporting services in the California superior courts (hearings and/or trials) study Rule 8.130 – California Rules of Court.

@rosaliekramm (Twitter)

Kramm Court Reporting (Facebook)

Court Hearings and the Court Reporter

Best Practices for Attorneys re the Court Reporter at Hearings

In many county courthouses throughout California, Friday is law and motion day. Every hour a new calendar is called by the judge with approximately 10 matters.  Attorneys will hire a court reporter to report their hearing if they feel it is important to have a record of the proceedings for a later date.  Many attorneys have more than one matter to cover on any given Friday and will rush in, argue their motion, and then immediately leave.  In these situations, it is tough for the court reporter to get the appearances.  Even though the judge will have counsel state their appearances for the record, later it is incumbent upon the court reporter to track down the address, phone number, and email address of each attorney.  Using the California Bar Attorney Search is helpful, but sometimes attorneys say their names incredibly fast, mumble, or have a common name that is shared by many other attorneys in California.

As a court reporter who has reported hundreds of hearings, I thought it might be helpful to suggest best practices to ensure an accurate and quick transcript.

  1. Find time to hand the court reporter your card with information written on it including who you are representing.
  2. When you state your appearance, speak slowly and clearly.
  3. If you cite a case or points and authorities, be ready to email the documents to the court reporter.
  4. When reading a cite, read slowly and enunciate each word. Don’t feel as if you need to rush and skip over the small words.
  5. If you are appearing via CourtCall, state your name and law firm clearly, and spell your last name.
  6. Let the reporter know if you will need a transcript of the hearing. The court reporter will not assume you automatically want the transcript. Many attorneys don’t want the transcript until and unless there is an appeal.
  7. If you know you will want a transcript before the hearing, have whomever is calling the court reporting agency to let the reporter know beforehand a transcript is being requested to be immediately written up. The agency will not send a court reporter who has a backlog and might not be able to quickly get the transcript out.

Court reporters want to do a good job for you. The more information they have, the more efficient they can be in getting out a transcript.

 

@rosaliekramm

Kramm Court Reporting (Facebook)