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Rough Draft During Trial

 
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cmotter
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PostPosted: Wed Aug 17, 2011 1:02 pm    Post subject: Rough Draft During Trial Reply with quote

I freelance but got a call from a friend who is an official battling some health issues that may mean she can't cover a trial where they are requesting a daily rough draft.

The case is one where everyone expects an appeal to be filed, no matter the outcome, but we all know how things change. If I were to go in and help her, I don't want to gouge the parties but I don't want to sell myself short either.

One scenario I've been playing with is charging a rate that I think would be fair, and offering to credit a portion of that rate against any future order of the transcript for appeal purposes.

Could anyone direct me to rules in your state/jurisdiction that would govern that kind of a request in terms of rates that are statutorily set? We're trying to come up with something that is fair to all.

Thanks.

Chuck

(NOTE: I AM NOT ASKING FOR DISCLOSURE OF SPECIFIC RATES; I'M ONLY ASKING FOR REFERENCES TO PUBLICLY AVAILABLE SOURCES WHICH MIGHT GOVERN THIS SCENARIO)
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cacsr10795
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PostPosted: Wed Aug 17, 2011 2:41 pm    Post subject: Reply with quote

I am in Los Angeles, CA. There is no statutory language that governs the cost of rough transcripts.

CA CCP 273 - http://law.onecle.com/california/civil-procedure/273.html

I believe that is the only governing statute with regard to rough draft transcripts.

Quote:
California Code of Civil Procedure Section 273

(a) The report of the official reporter, or official reporter
pro tempore, of any court, duly appointed and sworn, when transcribed
and certified as being a correct transcript of the testimony and
proceedings in the case, is prima facie evidence of that testimony
and proceedings.
(b) The report of the official reporter, or official reporter pro
tempore, of any court, duly appointed and sworn, when prepared as a
rough draft transcript, shall not be certified and cannot be used,
cited, distributed, or transcribed as the official certified
transcript of the proceedings. A rough draft transcript shall not be
cited or used in any way or at any time to rebut or contradict the
official certified transcript of the proceedings as provided by the
official reporter or official reporter pro tempore. The production of
a rough draft transcript shall not be required.
(c) This section shall become operative on January 1, 2017.


Section: Previous 269 271 273 274a Next

Last modified: January 15, 2011

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ktpittman



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Location: Lawrenceville, GA

PostPosted: Sun Aug 28, 2011 9:34 am    Post subject: Georgia Board-mandated rates Reply with quote

Judicial Council of Georgia
COURT REPORTERS' FEE SCHEDULE
Effective July 1, 2008
This fee schedule shall apply to any court reporter taking down a court proceeding.
1. A. (1) The judge of a court of record shall authorize and approve compensation of $190.08 per day for a court reporter to attend at the request of the judge all civil, juvenile, and criminal proceedings in the circuit over which the judge presides. This compensation shall be paid out of county funds on the certificate and order of the judge for all days during which such proceedings are attended. The court reporter shall take down testimony in the trials of such criminal, civil, and juvenile cases as are required by law to be recorded. In addition, when ordered to do so by the judge at the request of the district attorney of the circuit, the court reporter shall attend and take down evidence in a committal court where felonies are involved and evidence at a coroner's inquest.
(2) In computing the compensation of the court reporter for attending court, a day shall be deemed to be the initial period of eight hours, or any part thereof. Compensation of the court reporter for attending court beyond the initial eight-hour day shall be at the rate of $22.77 per hour, subject to a maximum of $38.00 The total compensation for attending court and taking down the evidence in criminal and juvenile cases shall not exceed $228.09 in any 24-hour period, except as provided in 3 below.
B. In addition to per diem, the compensation of the court reporter for taking down testimony and
recording the evidence for civil cases, other than juvenile cases, and for criminal matters not
required to be reported by law or the presiding judge, shall be at a rate of $43.31 per hour.
The fee shall be paid by the parties upon such terms as they may agree, and if no agreement is entered into as to the payment thereof, in such manner as may be ordered by the presiding
judge.
2. A. (1) The rate to be paid court reporters for the transcripts of the proceedings in civil and criminal cases shall be $3.78 for the original and two copies of each page, to be paid by the party requesting the transcript or as required by law. Requests for the original only, or for the original plus one copy, shall also be charged at $3.78 per original page.
(2) Where a transcript page does not contain the minimum of twenty-five lines per page, as specified under 4.B.(4) below, transcription of such page shall be compensated at a prorated share of the full rate (see Regulation 5).
(3) Upon written motion of the party or parties in a civil, criminal, or juvenile proceeding, or upon the court's own motion in a criminal proceeding, the judge of any court of record of this state may make written authorization for the preparation of daily copy or expedited copy in any action pending in the court.
"Daily copy" shall be defined as an original transcript delivered within twenty-four hours from close of court.
"Expedited copy" shall be defined as an original transcript delivered within forty-eight hours from close of court.
When authorization is made for daily copy, the official court reporter or reporters may charge the party or parties responsible for payment $7.58 per page for the original transcript only. When authorization is made for expedited copy, the official court reporter or reporters may charge the party or parties responsible for payment $5.70 per page for the original transcript only. This rule shall not apply to the cost of additional copies prepared and furnished as a result of this daily copy
preparation, which shall be charged as in 2.B. below.
B. The rate to be paid the court reporter for additional copies of the transcript, excluding exhibits, shall be $1.51 per page.

HTH,
Karla
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mneel
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PostPosted: Sun Aug 28, 2011 7:30 pm    Post subject: Reply with quote

Which is why I've declined on the two occasions I've been asked to cover court in Georgia.
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Verbatim
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PostPosted: Sun Aug 28, 2011 9:06 pm    Post subject: Reply with quote

Chuck, in this case, you would be serving as a pro tem for that official, correct? If so, whatever rules govern that court and that reporter would apply to you for the trial. Ask that official for their rules.

Rules that apply to people in other states or jurisdictions or the freelance world would have no application whatsoever to this specific situation - that's my opinion.
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cacsr10795
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PostPosted: Fri Sep 02, 2011 2:54 pm    Post subject: Reply with quote

Verbatim, I completely agree with your opinion of rules being not applicable if they originate outside Chuck's locale.
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DonnaMKanabay
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PostPosted: Sat Sep 03, 2011 4:35 am    Post subject: Reply with quote

I have to ask, barring any specific pricing/service rules in the circuit, why you would offer to credit the charges for the rough against a final order? They're separate services and the rough has value to them during the trial. They should be paying a premium for it, and it has nothing to do with the work/charges for a final in the event of appeal.

Donna M. Kanabay, RMR, CRR, FPR
President, Kanabay Court Reporters
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MaryAnnRDR
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PostPosted: Sat Sep 03, 2011 5:15 am    Post subject: Reply with quote

Don't know the practice nowadays but about ten years ago some agencies here in DC would charge an app fee on no-writeups then rebate it back if the transcript ordered in 30 days.

MA
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DonnaMKanabay
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PostPosted: Sat Sep 03, 2011 5:17 am    Post subject: Reply with quote

I know some areas follow that practice, but i think this is a different issue. we're talking about the actual product of the rough being delivered - it's got nearly as much value as daily copy. put another way, if excerpts were ordered daily copy during the trial, would that be rebated back when the final full appeal transcript is done? (other than, at least what we do, we charge copy rate for those portions as they're assimilated back into the full final indexed transcript.)
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Steno Wizard
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PostPosted: Sat Sep 03, 2011 12:13 pm    Post subject: Reply with quote

You should definitely charge for it. It's separate and apart from the final. It's a service provided during the course of trial.
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gregadelson
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PostPosted: Sat Oct 01, 2011 9:26 am    Post subject: rough draft Reply with quote

I agree with what the others have said. Here are some things to keep in mind: You are filling the official's shoes. Whatever statutory limitations there are for her also apply to you. Each state, each county is different.
If you were in California, you would be entitled to a per diem, which is statutory. I don't know what it is presently. In addition to the per diem, of course, you are entitled to transcript. There is a stautory rate set on transcript. Now, I believe there is a court rule setting forth the rate you can charge for rough draft. The reason you get a per diem is because the official gets a salary. As a pro tem official reporter, you get a per diem. The
per diem hax nothing at all to do with the eventual ordering of the transcript.
That is yours just for being present and writing.

Donna gave you very good advice. Rough draft is a separate service. I don't even know if I would provide rough draft unless I had a letter from the attorney indicating that after the trial they would be ordering a hard copy, the losing party paying for the 0-1 and prevailing party purchasing a copy.

I am confident the official can guide you as to what the per diem rate and what to bill for rough draft and final hard copy.

You certainly don't want to gouge anybody, but you want every nickle you have coming. The rebate is a bad idea. When these guys see the type of work you do, they are going to be extremely happy. There is also the logistics of getting your money up front. You might want to have them bring a check each day that they can hand you upon the receipt of the rough. It is a terrible thing to work for nothing. Some of these guys have no shame.
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hapster
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PostPosted: Sat Oct 01, 2011 10:00 am    Post subject: Reply with quote

I concur. Give NOTHING away, goddammit.

Pardon my French.

Oh, and I also am in favor of the check up front. Shocker.

H
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CallipygianInCali
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PostPosted: Sat Oct 01, 2011 10:19 am    Post subject: Reply with quote

Agreed with the guys.
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