(a) Statutory reference; application.
This rule is adopted solely to effectuate the statutory mandate of Government Code sections 68086(a)-(b) and must be applied so as to give effect to these sections. It applies to trial courts.
(Subd (a) amended effective January 1, 2007; previously amended effective January 31, 1997.)
(b) Notice of availability; parties' request.
(1) Local policy to be adopted and posted
Each trial court must adopt and post in the clerk's office a local policy enumerating the departments in which the services of official court reporters are normally available, and the departments in which the services of official court reporters are not normally available during regular court hours. If the services of official court reporters are normally available in a department only for certain types of matters, those matters must be identified in the policy.
(2) Publication of policy
The court must publish its policy in a newspaper if one is published in the county. Instead of publishing the policy, the court may:
(A) Send each party a copy of the policy at least 10 days before any hearing is held in a case; or
(B) Adopt the policy as a local rule.
(3) Requests for official court reporter for civil trials and notices to parties
Unless the court's policy states that all courtrooms normally have the services of official court reporters available for civil trials, the court must require that each party file a statement before the trial date indicating whether the party requests the presence of an official court reporter. If a party requests the presence of an official court reporter and it appears that none will be available, the clerk must notify the party of that fact as soon as possible before the trial. If the services of official court reporters are normally available in all courtrooms, the clerk must notify the parties to a civil trial as soon as possible if it appears that those services will not be available.
(4) Notice of nonavailability of court reporter for nontrial matters
If the services of an official court reporter will not be available during a hearing on law and motion or other nontrial matters in civil cases, that fact must be noted on the court's official calendar.
(Subd (b) amended effective January 1, 2007.)
(c) Party may procure reporter or request reporter if granted fee waiver.
If the services of an official court reporter are not available for a hearing or trial in a civil case, a party may:
(1) Arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter. It is that party's responsibility to pay the reporter's fee for attendance at the proceedings, but the expense may be recoverable as part of the costs, as provided by law; or
(2) In compliance with any local court rules, request that the court provide an official reporter for attendance at the proceedings, if the party has been granted a fee waiver and if the court is not electronically recording the hearing or trial.
(Subd (C) amended effective September 1, 2019.)
(d) No additional charge if party arranges for reporter.
If a party arranges and pays for the attendance of a certified shorthand reporter at a hearing in a civil case because of the unavailability of the services of an official court reporter, none of the parties may be charged the reporter's attendance fee provided for in Government Code sections 68086(a)(1) or (b)(1).
(Subd (d) amended effective January 1, 2007.)
As used in this rule and in Government Code section 68086:
(1) "Civil case" includes all matters other than criminal and juvenile matters.
(2) "Official reporter" and "official reporting services" both include an official court reporter or official reporter as those phrases are used in statutes, including Code of Civil Procedure sections 269 and 274c and Government Code section 69941; and include an official reporter pro tempore as the phrase is used in Government Code section 69945 and other statutes, whose fee for attending and reporting proceedings is paid for by the court or the county, and who attends court sessions as directed by the court, and who was not employed to report specific causes at the request of a party or parties. "Official reporter" and "official reporting services" do not include official reporters pro tempore employed by the court expressly to report only criminal, or criminal and juvenile, matters. "Official reporting services" include electronic recording equipment operated by the court to make the official verbatim record of proceedings where it is permitted.
(Subd (e) amended effective January 1, 2007.)
Rule 2.956 amended effective September 1, 2019; adopted as rule 891 effective January 1, 1994; previously amended effective January 31, 1997; previously amended and renumbered effective January 1, 2007.