§2556. Appointment of reporter; certification by court reporting firm

A.(1) Official court reporters and deputy official court reporters employed as such in a court of record, as defined in R.S. 37:2555(C) and (D), shall be subject to the certification requirements of this Chapter and shall be subject to the regulatory authority of the board during their employment or appointment as court reporters. The board shall recognize and provide by rule for a new method of digital reporting for use by an official or deputy official certified digital reporter, or C.D.R., in court proceedings. On or before December 31, 2010, the board will accept, upon payment of a fee fixed by the board, applications for certification without examination from any person furnishing due proof that he or she was employed as an official court reporter or deputy official court reporter, as defined in R.S. 37:2555(C) and (D), as of December 31, 2010, and that he or she performed the duties of an official or deputy official court reporter utilizing electronic, audio, or digital recording equipment and transcribing as the method of producing an official record. The board may establish and administer an examination for digital reporting and may issue certificates to qualified applicants after December 31, 2010.

(2) No person employed as an official court reporter or deputy official court reporter, as defined in R.S. 37:2555(C) and (D), shall perform duties as a general or free-lance reporter, as defined in R.S. 37:2555(E), unless certified by the board to engage in such reporting outside of the court where such person is employed and on the payroll of the court to act as official court reporter or deputy official court reporter.

B. No person shall practice general reporting or freelance reporting unless he currently holds a valid certificate as a certified court reporter, or C.C.R.

C. A court of record shall employ no more than the requisite number of official court reporters, as defined in R.S. 37:2555(C), required to perform its function as such. However, a court of record may appoint as many deputy official court reporters, as defined in R.S. 37:2555(D), as may be required for the proper operation of such court.

D. If a licensed Louisiana court reporter has no actual knowledge of a prohibited employment or contractual relationship between a party litigant and a court reporting firm, and if the reporter receives certification that the firm has no prohibited contractual or employment relationship with a party litigant, the reporter may accept employment from the firm and shall not be considered an "employee" for purposes of Code of Civil Procedure Article 1434. The board shall establish by rule the procedures and representations by which a court reporting firm shall provide the necessary certification to court reporters.

Acts 1985, No. 374, §1, eff. Sept. 1, 1985. Acts 1986, No. 365, §§1, 2, eff. Jan. 1, 1987; Acts 1990, No. 286, §2; Acts 1990, No. 940, §1, eff. July 25, 1990; Acts 1991, No. 1021, §1, eff. July 25, 1991; Acts 1992, No. 840, §1; Acts 2010, No. 700, §1; Acts 2014, No. 839, §1.

{NOTE: SEE ACTS 1986, NO. 365, §4.}