54-3104. EXCEPTIONS TO CERTIFICATION REQUIREMENT. The provisions of this chapter shall not apply to and shall not be construed to prohibit:
(1) The appointment of a state district court reporter who is not a certified shorthand reporter on a temporary basis in accordance with and upon condition as the supreme court may prescribe by rule. Provided, in the event a person who has not obtained regular certification as a certified shorthand reporter is appointed as district court reporter, such reporter must make application for regular certification under this chapter within thirty (30) days of such appointment. If the reporter fails to obtain regular certification as a certified shorthand reporter by the second subsequent consecutive examination date by reason of his failure to pass the necessary examination, or otherwise, then such person shall be removed as district court reporter and shall not be eligible for reappointment until successfully obtaining a regular certificate as a certified shorthand reporter under this chapter.
(2) The employment and reporting of personnel in the magistrates division of any district court of the state who rely principally upon electronic tape recorders, stenomask, or similar mechanical contrivances to make a record of a hearing, trial or proceeding.
(3) The taking of an oral deposition by shorthand reporting by a person not a certified shorthand reporter if the party to the action or such party’s attorney certifies at the commencement of the deposition that no certified shorthand reporter was available for reporting the deposition.
(4) The employment of salaried, full-time employees of a prosecuting attorney or of any department or agency of the state to act as a hearing reporter for such official, department or agency.
History:
[54-3104, added 1974, ch. 110, sec. 5, p. 1255; am. 2007, ch. 3, sec. 1, p. 4; am. 2008, ch. 68, sec. 4, p. 177.]
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