Electronic court reporting.

Plain English Breakdown

The official source does not provide detailed information on specific conditions or procedures that courts must follow when using electronic recording technology.

Using Electronic Recording in Court

This law allows courts to use electronic recording equipment for civil cases if certain conditions are met, such as when a person cannot afford a private court reporter.

What This Bill Does

• Allows courts to use electronic recording technology in civil proceedings under specific circumstances, including when a litigant cannot afford a private court reporter and has requested a verbatim record of the proceeding.
• Requires the court to find that a litigant cannot afford a private court reporter if certain conditions are met, such as being granted a waiver of court fees.
• Sets rules for how courts should use electronic recording technology in civil proceedings when there is a shortage of official reporters.
• Establishes a grievance and arbitration process for resolving disputes related to the use of electronic recordings.
• Requires transcripts from electronic recordings to include notes where parts are unclear or silent.

Who It Names or Affects

• Courts in civil cases
• People involved in civil cases who cannot afford a private court reporter

Terms To Know

litigant

A person or organization that is part of a legal case.

verbatim record

An exact word-for-word recording of what was said in court.

Limits and Unknowns

• The law only applies until January 1, 2028.
• It does not specify how courts should handle disputes that are not covered by the grievance and arbitration process.

Official Summary Text

AB 882, as amended, Papan.
Electronic court reporting.
Existing law regulates official court reporters in the superior courts. Under existing law, a court may use electronic recording equipment in a limited civil case, a misdemeanor or infraction case, or for the internal purpose of monitoring subordinate judicial officer performance. Existing law requires, prior to purchasing or leasing any electronic recording technology or equipment, a court to obtain advance approval from the Judicial Council.
This bill would, until January 1, 2028, authorize the court to use electronic recording technology in civil proceedings when specified circumstances are met, including, among other things, when a litigant who cannot afford to retain a private court reporter has requested a verbatim record of the proceeding. The bill would require a court to find that a litigant cannot afford to retain a private court
reporter if any specified circumstances are met, including when the litigant has been granted a waiver of court fees for the proceeding. The bill would require the court to follow prescribed procedures when
using electronic recording in civil proceedings,
the court lacks sufficient reporters or official reporters pro tempore to provide verbatim records, as specified,
including, among other things, providing public notice that the court is accepting applications from certified shorthand reporters for positions as official court reporters. The bill would set forth a grievance and arbitration process for resolving disputes regarding compliance with these provisions, as specified. The bill would require a transcript created from electronic recordings to include a designation for portions of the recording that contain no
audible sound or are not discernible.
The bill would require the Judicial Council to develop and approve official forms for use in trial courts consistent with the above provisions. The bill would require each trial court to report to the Judicial Council, on a quarterly basis, specified information, including, among other things, the number of applications received by the court from certified shorthand reporters. The bill would require the Judicial Council to make this information public available on its internet website.

Current Bill Text

Download Bill PDF