Chapter 146 of the Acts of 2002

 

AN ACT RELATIVE TO CONTRACTS BETWEEN COURT REPORTERS AND AN ATTORNEY, PARTY OR PARTY HAVING A FINANCIAL INTEREST IN AN ACTION.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 

Chapter 221 of the General Laws is hereby amended by inserting after Section 91C the following section:

 

Section 91D. (a) As used in this section, the following words and phrases unless the context otherwise requires, shall have the following meanings:

 

"Court reporter," a shorthand reporter or voice reporter engaged in the practice of court reporting.

 

"Practice of court reporting," the making of a verbatim record of any Massachusetts trial, legislative public hearing, state agency public hearing, deposition, examination before trial, hearing or proceeding before any grand jury, referee, board, commission, master or arbitrator, or other testimony given under oath.

 

(b) Contracts entered into pursuant to the practice of court reporting, not related to a particular case or reporting incident, between a court reporter or any person with whom a court reporter has a principal and agency relationship and an attorney at law, party to an action, or party having a financial interest in an action shall be prohibited. An attorney shall not be prohibited from negotiating or bidding reasonable court reporting fees, equal to all parties, on a case by case basis. This section shall not apply to a contract entered into pursuant to the practice of court reporting for the courts or to other contracts with governmental entities.

 

A person aggrieved by a violation of this section shall be entitled to review in the superior court and shall be entitled to all legal and equitable relief within the jurisdiction of the court.

 

Approved June 25, 2002.