THE SENATE	S.B. NO.	2880
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to court reporters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 606, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§606-   Certified shorthand reporter services; payment. (a)  Notwithstanding any other provision of law to the contrary, when an attorney of record orders or requests, either orally or in writing, that a stenographic record be made of any judicial proceeding, deposition, statement, or interview of a party in a proceeding, or orders a copy of the stenographic record, it shall be the responsibility of the attorney to pay for the services and the costs of the stenographic record.  This subsection shall not apply when:

(1) Payment is otherwise provided by law; or

(2) The attorney expressly disclaims responsibility for payment of the stenographic service or record, in writing, at the time the attorney orders or requests that a record be made.

(b)  Transcripts recorded and produced on paper, electronically, or by any other means, by a certified shorthand reporter are the work product of the certified shorthand reporter.  Photocopying or duplicating of a transcript, in any form or format, for the purpose of giving to opposing parties or other entities is expressly prohibited and shall subject any person violating this subsection to the customary charges for such services."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Court Reporters

Description:

Makes an attorney who requests that a stenographic record be kept or orders a copy of a stenographic record shall be responsible for payment of the court reporter's services and costs.  Provides that transcripts recorded and produced by a certified shorthand reporter are the work product of the reporter.

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