Cal. Code Regs. tit. 16 § 2403

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 2403 - Scope of Practice

The practice of shorthand reporting is defined as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, or by voice writing, of a verbatim record of any oral court proceeding, deposition, court-ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof.

The accurate transcription thereof includes, but is not limited to:

(a) In superior court
(1) Taking down in shorthand or by voice all testimony, objections made, rulings of the court, exceptions taken, arraignments, pleas, sentences, arguments of the attorneys to the jury and statements and remarks made and oral instructions given by the judge or other judicial official.
(2) Writing the transcript out, or the specific portions thereof as may be requested, in plain and legible longhand, or by typewriter, or other printing machine.
(3) Certifying that the transcripts were correctly reported and transcribed.
(4) Filing the transcripts with the clerk of the court when directed by the court.
(5) Making and preparing original transcription on paper.
(6) Delivering a copy of the original transcript in a computer-readable form in standard ASCII code, unless otherwise agreed by the reporter and the court, party, or other person requesting the transcript.
(7) Labeling disks of transcriptions with the case name and court number, the dates of proceedings contained on the disk, and the page and volume numbers of the data contained on the disk and with each disk containing the identical volume divisions, pagination, line numbering, and text of the certified original paper transcript or any portion thereof and sequentially numbered within the series of disks.
(8) Retaining original stenographic or voice notes for the statutorily-required period, or delivery thereof to the court when required by local rule.
(b) For a deposition
(1) Administering the oath or affirmation to the deponent.
(2) Making a full or partial copy of transcription available.
(3) Notifying all parties who attended a deposition of requests for expedited delivery made by other parties for either an original or copy of the transcript, or any portion thereof.
(4) Recording testimony by stenographic or voice means and retaining stenographic or voice notes of depositions for statutorily mandated period of time.
(5) Sending written notice to deponent and to all parties attending the deposition when the original transcript of the testimony for each session of the deposition is available for reading, correcting and signing.
(6) Indicating on the original of the transcript, if the deponent has not already done so at the office of the shorthand reporter, any action taken by the deponent and indicate on the original of the transcript the deponent's approval of, or failure or refusal to approve, the transcript.
(7) Sending written notification to the parties attending the deposition of any changes which the deponent timely made in person.
(8) Certifying on the transcript that the deponent was duly sworn and that the transcript or recording is a true record of the testimony given.
(9) Securely sealing the transcript in an envelope or package endorsed with the title of the action and marked: "Deposition of (here insert name of deponent)" and promptly transmitting it to the attorney for the party who noticed the deposition.
(10) If the reporter still has a copy, making a transcript of a deposition testimony available to any party requesting a copy, on payment of a reasonable charge.

Cal. Code Regs. Tit. 16, § 2403

Note: Authority cited: Sections 8007 and 8017, Business and Professions Code. Reference: Sections 8007, 8017 and 8017.5, Business and Professions Code; Sections 269, 271, 2025.330, 2025.510, 2025.520, 2025.540, 2025.550 and 2025.570, Code of Civil Procedure; Sections 13401 and 13410, Corporations Code; and Section 69955, Government Code.

Note: Authority cited: Sections 8007 and 8017, Business and Professions Code. Reference: Sections 8007 and 8017, Business and Professions Code; Sections 269, 271, 2025.330, 2025.510, 2025.520, 2025.540, 2025.550 and 2025.570, Code of Civil Procedure; Sections 13401 and 13410, Corporations Code: and Section 69955, Government Code.

1. New section filed 8-19-2014; operative 10/1/2014 (Register 2014, No. 34).
2. Amendment of subsection (b)(3) filed 5-10-2016; operative 7/1/2016 (Register 2016, No. 20).
3. Amendment of first paragraph and subsections (a)(1), (a)(8), (b)(4) and (b)(9) and amendment of NOTE filed 12-18-2023; operative 4/1/2024 (Register 2023, No. 51).