Shorthand Reporting Corporations

Cal. BPC § 8050

California Statutes

(

a) It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this

chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court and to promote competition based upon the quality and price of shorthand reporting services. (

b) This

section shall apply to an individual or entity that does any of the following:

(1) Any act that constitutes shorthand reporting that occurs wholly or partly in this state.

(2) Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.

(3) Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.

(4) Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive. (c)

(1) This

section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in

Section 8040, who possesses a valid license, issued pursuant to

Section 8018, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with

Section 8044.

(2) This

section does not apply to a court, a party to litigation, an attorney of the party, or a full-time employee of the party or the attorney of the party, who provides or contracts for certified shorthand reporting for purposes related to the litigation. (

d) An individual or entity described in subdivision (

b) shall not do any of the following:

(1) Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in

Section of

Article of Division of Title of the California Code of Regulations.

(2) Seek compensation for a certified court transcript applying fees other than those set out in

Section of the Government Code.

(3) Make a transcript available to one party in advance of other parties, as described in subdivision (

d) of

Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (

b) of

Section 2025.320 of the Code of Civil Procedure.

(4) Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties’ knowledge, as described in paragraph (5) of subdivision (

b) of

Section of

Article of Division of Title of the California Code of Regulations. (

e) Nothing in this

section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting. (

f) An individual or entity that violates this

section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation. (

g) The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorney’s fees. (

h) This

section shall become operative on January 1, 2025.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 8050
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC8050.202262574

Shorthand Reporting Corporations

Cal. BPC § 8050

California Statutes

Shorthand Reporting Corporations

Cal. BPC § 8050

California Statutes

(

a) It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this

chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court and to promote competition based upon the quality and price of shorthand reporting services. (

b) This

section shall apply to an individual or entity that does any of the following:

(1) Any act that constitutes shorthand reporting that occurs wholly or partly in this state.

(2) Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition.

(3) Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state.

(4) Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive. (c)

(1) This

section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in

Section 8040, who possesses a valid license, issued pursuant to

Section 8018, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with

Section 8044.

(2) This

section does not apply to a court, a party to litigation, an attorney of the party, or a full-time employee of the party or the attorney of the party, who provides or contracts for certified shorthand reporting for purposes related to the litigation. (

d) An individual or entity described in subdivision (

b) shall not do any of the following:

(1) Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in

Section of

Article of Division of Title of the California Code of Regulations.

(2) Seek compensation for a certified court transcript applying fees other than those set out in

Section of the Government Code.

(3) Make a transcript available to one party in advance of other parties, as described in subdivision (

d) of

Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (

b) of

Section 2025.320 of the Code of Civil Procedure.

(4) Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties’ knowledge, as described in paragraph (5) of subdivision (

b) of

Section of

Article of Division of Title of the California Code of Regulations. (

e) Nothing in this

section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting. (

f) An individual or entity that violates this

section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation. (

g) The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorney’s fees. (

h) This

section shall become operative on January 1, 2025.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 8050
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC8050.202262574