Contra Costa — Local Court Rules: Court Reporting Services

Source: https://contracosta.courts.ca.gov/system/files/general/rule_2_51_courtreportingservices.pdf

Rule 2.50. Electronic Recording

Pursuant to Government Code section 69957, in limited civil actions and criminal misdemeanor and infraction proceedings, the court, at its sole discretion, may utilize electronic recording as a means of generating a verbatim record of proceedings. In those instances, court reporters will not be provided. (Rule 2.50 new effective 1/1/19)

Rule 2.51. Notice of Availability of Court Reporting Services

General information concerning the availability of court reporters is set forth in the Court’s Notice of Availability of Court Reporting Services, which is posted in the Clerk’s Office and on the Court’s website. (Rule 2.51 renumbered and revised effective 1/1/19)

Rule 2.52. Unavailability of Court-Provided Court Reporters and Procurement of Outside Private Reporters (a) Rule 2.52, subsections (b), (c), and (d) shall not apply to any proceeding for which a timely request for a court-provided court reporter has been received from a litigant who has been granted a fee waiver under Government Code section 68631 et seq. (b) Unavailability of court reporters by case type Unless otherwise noted in the Court’s Notice of Availability, pursuant to California Rules of Court, Rule 2.956, the Court does not provide court reporters for hearings in the following civil case types:

(1) Unlimited and Limited Civil

(2) Probate

(c) Procurement of private court reporter For matters where the court does not provide a court reporter due to unavailability, any party who desires a verbatim record of a court proceeding from which a transcript can later be prepared, may procure the services of a private certified court reporter pro tempore to report any scheduled hearing or trial (see Government Code section 70044 and California Rules of Court, Rule 2.956). The Court does not provide referrals to private court reporting service providers and does not have any contractual or employment obligation related to pro tempore reporters hired by the parties for this purpose. It is the party’s responsibility to arrange for and pay the outside reporter’s fee for attendance at the proceedings but the expense may be recoverable as part of the costs, as provided by law. (See California Rules of Court, Rule 2.956(c).) (d) Requirement to meet and confer to select court reporter

For contested matters, the parties must meet timely and confer as to the selection of a qualified court reporter and, at the time of the proceeding to be reported, the party procuring the qualified court reporter must provide a proposed order appointing the reporter on Form CV-311 for the Court’s signature (see Government Code sections 68086 and 70044).

(1) The reporter must be licensed as a Certified Shorthand Reporter in California and
comply with all California statutory and rule provisions for reporting court
proceedings. The court reporter pro tempore must provide their name, CSR
number, business address, phone number, and e-mail address to the courtroom
clerk and all parties present on the day of the hearing in the event of an appeal or
if a party wishes to procure a transcript from the reporter (see California Rules of
Court, Rule 2.950).

(2) The court reporter pro tempore must execute the court’s required written
agreement as to the obligations of the court reporter in accepting the reporting
assignment.

(3) If court reporters become available and at the court’s discretion are provided by
the court for any civil hearings (including family law and probate matters), the
parties will be required to pay the applicable reporter attendance fee provided for
in Government Code sections 68086(a)(1)(A) and (B) in a timely manner, except
any party who has been granted a fee waiver under Government Code section
68631 et seq.

(Rule 2.52(d) revised effective 7/1/19)

Rule 2.53. Court-Provided Court Reporters in Cases Involving Fee Waiver Litigants

Upon receipt of a timely request from a litigant who has been granted a fee waiver under Government Code section 68631 et seq., the Court shall provide a court reporter as follows. In all such instances, parties who have not been granted a fee waiver will be required to pay any applicable court reporter attendance fee, pursuant to Government Code section 68086. (a) Unlimited Civil Cases (1) Case Management Conferences. A request for a court-provided court reporter is timely if it is made three or more calendar days before the case management conference is to be held. The request must be made by filing Local Court Form MC-30.

(2) Law and Motion Hearings. A request for a court-provided court reporter is timely if
it is made at or before 4:00 p.m. on the court day preceding the hearing. The
request may be made by e-mail, fax, or telephone to the department holding the
hearing. The Court will not provide a court reporter for any law and motion hearing
where the tentative ruling has not been contested.

(3) Issue Conferences. A request for a court-provided court reporter is timely if it is made three or more calendar days before the issue conference is to be held. The request must be made by filing Local Court Form MC-30.

(4) Trials. A request for a court-provided court reporter should be made at the issue
conference. A request for a court-provided court reporter otherwise is timely if it is
made on Local Court Form MC-30 three calendar days before trial is scheduled to
begin.

(5) All Other Proceedings. A request for a court-provided court reporter is timely if filed
on Local Court Form MC-30 at least three calendar days before the scheduled
date of the proceeding.

(6) Continuances. Failure to timely request a court reporter pursuant to these rules
shall not, standing alone, constitute grounds to continue any proceeding, absent
good cause shown.

(b) Probate Cases (1) Requests. A request for a court-provided court reporter is timely if received by 4:00 p.m. on the court day preceding the hearing. The request must be made on Local Court Form MC-30, and can be sent to the department hearing the matter by fax or e-mail.

(2) Continuances. If, in the exercise of due diligence, a litigant would not have been
able to ascertain that a proceeding would be contested in time to make a timely
request under Local Rule 2.53(c)(1), and that litigant has been granted a fee waiver
under Government Code section 68631 et seq., the court may grant a continuance
so that a court-provided court reporter may be provided.

(c) Enlargement of Time During Staff Shortages During periods of staff shortages when the Clerk’s Office may be unable to meet all of the court reporting requests and requirements that are pending, the Clerk of the Court may enlarge the periods during which a request for a court-provided court reporter may be deemed timely. Any such change to the periods will be posted in the Notice of Availability of Court Reporting Services (referenced in Rule 2.51) at least three calendar days before the effective date of any modifications to Rule 2.53, subdivisions (a), (b), and (c). The change may be effective for no more than five calendar days, after which the time periods specified under Rule 2.53, subdivisions (a), (b), and (c) will be restored. (Rule 2.53 revised 1/1/20)

Rule 2.54. Transcripts and Electronic Recording

Whenever a party requests a court reporter to furnish a transcript of all or a part of a trial or proceedings, the reporter shall immediately inform all other parties of such request and inquire whether any party desires a copy of the transcript.

Parties shall be responsible for all transcript costs listed in Government Code section 69953.

If a proceeding has been electronically recorded pursuant to Government Code section 69957 and Local Rule 2.50, the parties to such proceeding may obtain a copy of the recording at Court Records. Parties will be responsible for all associated fees and costs. (Rule 2.54 revised and renumbered effective 1/1/19)