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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-56-101 Short title.
This chapter is known as the Court Reporter Act.
1997
78-56-102 Definitions.
As used in this chapter:
(1) "Certified court reporter" has the same meaning as in Title 58, Chapter 74, Certified Court Reporters Licensing Act.
(2) "Folio" means 100 words. A number expressed as a numeral counts as one word; however, any portion of the last folio is not counted.
(3) "Official court reporter" means a certified court reporter employed by the courts.
(4) "Official court transcriber" means a person certified
in accordance with rules of the Judicial Council as competent
to transcribe into written form an audio or video recording
of court proceedings.
2004
78-56-103 Appointment of reporters - Eligibility - Oath - Bond - Action on bond.
(1) A person may not be appointed to the position of court reporter nor act in the capacity of a court reporter in any court of record of this state, or before any referee, master, board, or commission of this state without a currently valid license from the Division of Occupational and Professional Licensing as provided in Title 58, Chapter 74, Certified Court Reporters Licensing Act.
(2) Before any court reporter begins his duties, he shall:
(a) take, subscribe, and file the constitutional oath; and
(b) give a bond with sufficient surety, conditioned for the faithful performance of his duties, in the sum of $2,500, or larger sum if ordered by the judge.
(3) The bond shall run to the state of Utah, but an action
on it may be maintained by any person whose rights are affected
by the failure of the reporter to perform his official duties.
2004
78-56-104 Court reporters - Contract restrictions.
(1) Any contract for court reporting services, not related to a particular case or reporting incident, is prohibited between a court reporter or any other person with whom a court reporter has a principal and agency relationship and any attorney, party to an action, or party having a financial interest in an action. Negotiating or bidding reasonable fees, equal to all the parties, on a case-by-case basis may not be prohibited.
(2) A certified court reporter is an officer of the court whose impartiality shall remain beyond question.
(3) This section does not apply to the courts or the administrative tribunals of this state.
(4) Violation of this section shall be considered unprofessional
conduct as provided in Sections
58-74-102
and
58-74-502
, and shall be grounds for revocation of licensure
only.
2004
78-56-105 Record of court proceedings - Duties of court reporter.
(1) The Judicial Council shall by rule provide for the means of maintaining the record of proceedings in the courts of record by official court reporters or by electronic recording devices.
(2) The official court reporter assigned to a session of court shall take full verbatim stenographic notes of the session, except when the judge dispenses with the verbatim record.
(3) The official court reporter shall immediately file with the clerk of the court the original stenographic notes of the court session and the computer disk on which the notes are stored. If not already on file with the clerk of the court, the official court reporter shall file a computer disk containing the reporter's most current dictionary showing the meaning of the reporter's stenographic notes.
(4) Upon request and the payment of fees established by
Section
78-56-108
, the official court reporter shall transcribe
the stenographic notes or video or audio recording of the
court session and furnish the transcript to the requesting
party.
1997
78-56-106 Substitute reporters.
A certified court reporter other than an official court
reporter may be assigned temporarily to the duties of an
official court reporter in accordance with rules of the Judicial
Council.
2004
78-56-107 Compensation - Traveling expenses - Frequency of payment.
The compensation of an official court reporter shall be
fixed in accordance with salary schedules for state court
employees. The official court reporter shall also be paid
for traveling expenses actually and necessarily incurred
in the performance of duties in accordance with Judicial
Council policy.
1997
78-56-108 Transcripts and copies - Fees - Establishment of Court Reporting Technology Account.
(1) The Judicial Council shall by rule provide for a standard page format for transcripts of court hearings.
(2) (a) The fee for a transcript of a court session, or any part of a court session, shall be $3.50 per page, which includes the initial preparation of the transcript and one certified copy. The preparer shall deposit the original transcript with the clerk of the court and provide the person requesting the transcript with the certified copy. The cost of additional copies shall be as provided in Subsection 78-7-35 (1). The transcript for an appeal shall be prepared within the time period permitted by the rules of Appellate Procedure. The fee for a transcript prepared within three business days of the request shall be 1-1/2 times the base rate. The fee for a transcript prepared within one business day of the request shall be double the base rate.
(b) When a transcript is ordered by the court, the fees shall be paid by the parties to the action in equal proportion or as ordered by the court. The fee for a transcript in a criminal case in which the defendant is found to be impecunious shall be paid pursuant to Section 77-32-305 .
(c) There is established within the General Fund a restricted account known as the Court Reporting Technology Account. The clerk of the court shall transfer to the state treasurer for deposit into this account all fees received under this section. The state court administrator may draw upon this account for the purchase, development, and maintenance of court reporting technologies and for other expenses necessary for maintaining a verbatim record of court sessions.
(3) The fee for the preparation of a transcript of a court
hearing by an official court transcriber other than an official
court reporter and the fee for the preparation of the transcript
by a certified shorthand reporter of a hearing before any
referee, master, board, or commission of this state shall
be as provided in Subsection (2)(a), and shall be payable
to the person preparing the transcript.
2001
78-56-109 Certified transcripts prima facie correct.
A transcript of an official court reporter's notes, written
in longhand or typewritten, certified by him as being a correct
transcript of evidence and proceedings, is prima facie a
correct statement of the evidence and proceedings.
1997
78-56-110 Transcripts taxed as costs.
A transcript may not be taxed as costs, unless the preparation
of the transcript is ordered either by a party or by the
court.
1997
78-56-111 Crimes.
Any violation of the provisions of this chapter, except
Section
78-56-104
, is a misdemeanor.
1997
