Opinion
Delivered March 4, 1999
Our Board of Certified Court Reporter Examiners has recommended that the Court prohibit the practice commonly known as "third-party contracting."
Having considered the request including soliciting and reviewing the comments from court reporters, judges, practicing attorneys, and other interested entities, we find that the proposal has merit as it is a prohibition of the practice of providing services under any contractual agreement that undermines the impartiality of the court reporter or which gives or appears to give an exclusive advantage to any party.
Therefore, effective immediately, we adopt and publish Section 22 of the Regulations of the Board of Certified Court Reporter Examiners, a prohibition of the practice of "third-party contracting."
REGULATIONS OF THE BOARD OF CERTIFIED COURT REPORTER EXAMINERS
Section 22.
It is the purpose of this Regulation to ensure that when a Court Reporter is providing services under any contractual agreement, the Court Reporter maintains his or her impartiality and not give or appear to give an exclusive advantage to any party.
Therefore, Court Reporters, or any entity providing the services of a Court Reporter, are hereby prohibited from providing services under any contractual agreement that: (1) requires the Court Reporter to relinquish control of an original deposition transcript and copies of the transcript before it is certified and delivered to the custodial attorney; or (2) requires a Court Reporter to provide any service not made available to all parties to an action.