SB 413 - This act modifies and establishes provisions relating to court reporters. Specifically, any person who undertakes court reporting for payment without first having procured a license from the Board of Certified Court Reporter Examiners ("Board"), knowingly presents or files false information with the Board to obtain a license, or violates this act shall be guilty of a class A misdemeanor. An unlicensed person shall not bring or maintain an action to recover fees for court reporting services. Additionally, a person shall not assume or use the title or designation "court reporter," "court recorder," or "shorthand reporter," or any other indication that the person is a court reporter, court recorder, or shorthand reporter, unless the person is a certified court reporter by the Board.
Any certified court reporter who knowingly signs and affixes his or her signature and license number to a transcript for which he or she was not personally present and did not personally report the proceedings is guilty of a class A misdemeanor.
The provisions of this act are also applicable to a court reporting firm and the court may enforce this act by assessing a reasonable fee against a court reporting firm. Additionally, this act shall not apply to court reporting services performed outside of Missouri by a foreign court reporter not certified in Missouri for use in a court proceeding in Missouri, if the work resulting from those services is produced and billed wholly outside of Missouri.
Furthermore, a certified court reporter or court reporting firm shall not enter into or provide services under any contractual agreement that:
(1) Undermines the certified court reporter's impartiality or that may result in the appearance that the certified court reporter's impartiality has been compromised;
(2) Requires a certified court reporter to provide any service not made available to all parties;
(3) Gives or appears to give an exclusive advantage to any party;
(4) Restricts an attorney's choice in the selection of a certified court reporter or court reporting firm, unless the contract is for a Missouri court or agency; or
(5) Specifies fixed prices to perform court reporting services in two or more actions or for future court reporting services, unless the contract is for a Missouri court or agency.
Additionally, this act modifies provisions relating to deposition or examination testimony taken by a certified court reporter rather than by an authorized officer. This act repeals the provision regarding the requirement that officers sign and state on the record the reasoning for a deposition not signed by the witness and the use of such deposition as signed. This act also repeals the cost and expense limitation of a certified court reporter based on the availability of stenographers or shorthand reporters in the area where the deposition is taken.
KATIE O'BRIEN