What is a Request for Court Reporter Services?

The rules for using a court reporter vary somewhat between counties. See, e.g., Nevada County ("Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense." (Local Rule 10.00.3B).)

Recovery of court reporter fees is generally allowable. (Heppler v. J.M. Peters Co. (1999) 73 Cal.App.4th 1265, 1298.) Code of Civil Procedure section 1033.5(a)(11) allows for recovery of court reporter fees “as established by statute.” Conversely, Code of Civil Procedure section 1033.5(b)(5) disallows recovery of costs for transcripts of court proceedings “not ordered by the court.”

Government Code section 68086(d) states that “if an official court reporter is not available, a party may arrange for, at the party’s expense, the presence of a certified shorthand reporter to serve as an official pro tempore reporter…. The fees and charges of the certified shorthand report shall be recoverable as taxable costs by the prevailing party as otherwise provided by law.”

Court's have rejected plaintiff's argument that defendant can only recover the statutory fees associated with court reporter appearances. To the contrary, "the legislature provided in [Government Code] section 68086 an express exemption from statutory court reporter attendance fees for parties who retain a private reporter to serve as an official reporter pro tempore...." (Burd v. Barkley Court Reporters, Inc. (2017) 17 Cal.App.5th 1037, 1047.)

An appellant may serve and file a motion to use a settled statement on a showing that there was no reporter’s transcript for the hearing. (Rules of Ct., Rule 8.137(b).)

Under Bus. & Prof. Code, Sec. 8016,

No person shall engage in the practice of shorthand reporting as defined in this chapter, unless that person is the holder of a certificate in full force and effect issued by the board. This section does not apply to a salaried, full-time employee of any department or agency of the state who is employed as a hearing reporter.

Useful Rulings on Request for Court Reporter Services

Recent Rulings on Request for Court Reporter Services

DIANE PETERS VS. MONA HILTON

Government Code section 68086 (d)(2) allows the prevailing party to recover fees and charges of a pro tempore court reporter when an official court reporter is not available. Marinos says that prior to trial the parties agreed to split the costs of the reporter 50/50. The Reply does not dispute this. Accordingly, this cost is allowed.

  • Hearing

    Mar 14, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DARRYL LUCIEN VS SHARON RAMSOM

Court reporter fees as established by statute are recoverable by the prevailing party per CCP § 1033.5(a)(11). Gov. Code § 68086(a) provides for a fee representing the services of an official court reporter for each proceeding lasting more than one hour.

  • Hearing

    Mar 08, 2019

  • Type

    Real Property

  • Sub Type

    Quiet Title

ESTANISLAO GOMEZ HERNANDEZ VS JOSE ANTONIO SANCHEZ AVALOS ET

CCP § 1033.5(a)(11) provides that “[c]ourt reporter fees as established by statute” are allowable Costs. The court DENIES Alcazar’s request to tax Item No. 11 in its entirety. Interpreter Fees (Item No. 13) Alcazar asserts that Plaintiff’s interpreter fees of $4,710.00 are not recoverable, on the basis that CCP § 1033.5(a)(12) allows only indigent persons to recover such costs.

  • Hearing

    Feb 25, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

WILLIAM MCCHESNEY, ET AL VS. SECURITY PAVING COMPANY, INC.

Court Reporter Fees CCP §1033.5(a)(11) classifies court reporter fees as established by statute as allowable costs under section 1032. In the memorandum of costs, Plaintiffs requested $27,037.05 in court reporter fees. In the opposition, Plaintiffs’ counsel, Karen Larson, states that the actual costs sought are $25,519.80. (Larson Decl., ¶¶6, 14; Ex. 1.) Thus, the Court will consider this lower amount.

  • Hearing

    Feb 15, 2019

APR CONSTRUCTION INC VS CITY OF SAN DIEGO

Court reporter fees as established by statute Pursuant to CCP § 1033.5(a)(11) "[c]ourt reporter fees as established by statute" are an allowable cost. The court allows these fees as costs. 12. Models, enlargements, and photocopies of exhibits With the exception of fees incurred for the replacement exhibits, the court finds Plaintiff establishes these fees as reasonably necessary to the conduct of the litigation. The fact that all of these exhibits were not used at trial is not determinative.

  • Hearing

    Feb 14, 2019

  • Type

    Contract

  • Sub Type

    Breach

APR CONSTRUCTION INC VS CITY OF SAN DIEGO

Court reporter fees as established by statute Pursuant to CCP § 1033.5(a)(11) "[c]ourt reporter fees as established by statute" are an allowable cost. The court allows these fees as costs. 12. Models, enlargements, and photocopies of exhibits With the exception of fees incurred for the replacement exhibits, the court finds Plaintiff establishes these fees as reasonably necessary to the conduct of the litigation. The fact that all of these exhibits were not used at trial is not determinative.

  • Hearing

    Feb 14, 2019

  • Type

    Contract

  • Sub Type

    Breach

ARAMBULA VS. IRVINE UNIFIED SCHOOL DISTRICT

(CCP § 1033.5(a)(11).) ITEM NO. 12, MODELS, ENLARGEMENTS, PHOTOCOPIES OF EXHIBITS - DENY The Motion to tax is Denied. Defendants are partly correct that certain of their exhibits were received in evidence at trial. This before the nonsuit was granted. (See Minutes of 8/13/18, p. 2.) Assuming that the cost of their trial exhibits is not recoverable under § 1033.5(a)(13), the Court allows the amount pursuant to §1033.5(c).

  • Hearing

    Feb 08, 2019

TOWZ INC VS DIAFERIO

Court Reporter Fees: CCP §1033.5(a)(11) provides for the recovery of “[c]ourt reporter fees as established by statute.” Government Code §69948 provides a cap of $55 per day for official superior court reporters. Therefore, Plaintiff asserts that the court must tax all court reporter fees in excess of $55 per day. On the other hand, Plaintiff asserts that they are entitled to all of their court reporter fee costs under Civil Code §1717 as the prevailing party in a contract dispute.

  • Hearing

    Jan 11, 2019

FYRST ENVISIONS INC VS SKISEN CORPORATION ET AL

Further, court reporter fees are recoverable under CCP § 1033.5(a)(11). Accordingly, Defendants’ motion to tax the costs of the court reporter is DENIED. 4. Item No. 12: Preparation and Presentation of Exhibits Finally, Defendants seek to tax costs of $3,073.91 for the costs associated with models, enlargements, and photocopies of exhibits.

  • Hearing

    Jan 10, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FYRST ENVISIONS INC VS SKISEN CORPORATION ET AL

Further, court reporter fees are recoverable under CCP § 1033.5(a)(11). Accordingly, Defendants’ motion to tax the costs of the court reporter is DENIED. 4. Item No. 12: Preparation and Presentation of Exhibits Finally, Defendants seek to tax costs of $3,073.91 for the costs associated with models, enlargements, and photocopies of exhibits.

  • Hearing

    Jan 10, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BRIAN BURNETT VS TERRANCE PRICE

Item 12: Court Reporter Fees CCP §1033.5(a)(11) classifies court reporter fees as established by statute as allowable costs under section 1032. CCP §1033.5(a)(9) also states that transcripts of court proceedings ordered by the court are allowable costs. Plaintiff argues that court reporter fees should be limited to $764 for a full day of trial, $382 for a half day of trial, and $30 for hearings lasting an hour or less. (Walton Decl., ¶4, Ex. 3; Gov’t Code, §68086(a)(1)-(3).)

  • Hearing

    Jan 04, 2019

FIDELITY AND GUARANTY INSURANCE COMPANY VS ABC WINDOW CO [E-FILE]

Court reporter fees as established by statute Pursuant to CCP § 1033.5(a)(11) "[c]ourt reporter fees as established by statute" are an allowable cost. The court awards these fees as costs. 12. Models, enlargements, and photocopies of exhibits Based on the evidence Plaintiff submits in opposition, and the absence of a dispute from Petersen-Dean in reply, the court finds the fees for trial exhibit binders as reasonably necessary to the conduct of the litigation as against Petersen-Dean.

  • Hearing

    Jan 03, 2019

  • Type

    Complex

  • Sub Type

    Writ

HINRICHS & ASSOCIATES ET AL VS BEATS ELECTRONICS LLC ET AL

Plaintiffs contend that they are statutorily entitled to recover the costs incurred for the services of a privately-retained reporter who was certified to serve as an official pro tempore reporter, under Government Code, section 68086 and California Rules of Court, rule 2.956(c). Defendants do not address this argument or legal authority in their reply brief and thus appear to concede that these costs are recoverable. The Court will therefore not tax this item of costs.

  • Hearing

    Jan 03, 2019

FIDELITY AND GUARANTY INSURANCE COMPANY VS ABC WINDOW CO [E-FILE]

Court reporter fees as established by statute Pursuant to CCP § 1033.5(a)(11) "[c]ourt reporter fees as established by statute" are an allowable cost. The court awards these fees as costs. 12. Models, enlargements, and photocopies of exhibits Based on the evidence Plaintiff submits in opposition, and the absence of a dispute from Petersen-Dean in reply, the court finds the fees for trial exhibit binders as reasonably necessary to the conduct of the litigation as against Petersen-Dean.

  • Hearing

    Jan 03, 2019

  • Type

    Complex

  • Sub Type

    Writ

IRMA YOLANDA MUNOZ SOTO VS UNION PACIFIC RAILROAD COMPANY ET

CCP §1033.5(a) (11) (“Court reporter fees as established by statute.”). Item 16: Other in the amount of $3,615.33 Records -- $659.73 Such costs are recoverable. CCP §1033.5(a)(4) (“Service of process by a public officer, registered process server, or other means. . . .”). See also Naser v. Lakeridge Athletic Club (2014) 227 Cal. App. 4th 571, 575-78 (obtaining copies of medical records is a substitute for deposing the individual health care providers).

  • Hearing

    Dec 11, 2018

ESTES V. HERB

Thus, $615 is allowed under CCP § 1033.5(a)(11).) G. Models, Enlargements, and Photocopies of Exhibits: $0 reduction, $890.02 allowable. Plaintiff’s Memorandum of Costs seeks $890.02 for Models, enlargements, and photocopies of exhibits. This is not a category in Plaintiff’s Chart. Rather, Plaintiff’s Chart includes $711.50 for “certified copies” (which appears to refer to certified copies of pleadings) and $178.52 for “copies,” which total that sum.

  • Hearing

    Dec 05, 2018

FIDELITY AND GUARANTY INSURANCE COMPANY VS ABC WINDOW CO [E-FILE]

Court reporter fees as established by statute Pursuant to CCP § 1033.5(a)(11) "[c]ourt reporter fees as established by statute" are an allowable cost. The court awards these fees as costs. 12. Models, enlargements, and photocopies of exhibits Based on the evidence Plaintiff submits in opposition, and the absence of a dispute from Petersen-Dean in reply, the court finds the fees for trial exhibit binders as reasonably necessary to the conduct of the litigation as against Petersen-Dean.

  • Hearing

    Nov 20, 2018

  • Type

    Complex

  • Sub Type

    Writ

FIDELITY AND GUARANTY INSURANCE COMPANY VS ABC WINDOW CO [E-FILE]

Court reporter fees as established by statute Pursuant to CCP § 1033.5(a)(11) "[c]ourt reporter fees as established by statute" are an allowable cost. The court awards these fees as costs. 12. Models, enlargements, and photocopies of exhibits Based on the evidence Plaintiff submits in opposition, and the absence of a dispute from Petersen-Dean in reply, the court finds the fees for trial exhibit binders as reasonably necessary to the conduct of the litigation as against Petersen-Dean.

  • Hearing

    Nov 20, 2018

  • Type

    Complex

  • Sub Type

    Writ

JUAN ROBLES VS FCA US LLC ET AL

However, CCP §1033.5(a)(11) expressly provides for “Court reporter fees as established by statute.” The Court finds these expenses were reasonably necessary to the conduct of the litigation. Additionally, in Item No. 13 “Other” Defendant seeks to strike $1,833.48 in “Attorney Services and Messengers for Court Filings and Service”. Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (CCP 1033.5(c)(2)).

  • Hearing

    Nov 14, 2018

  • Type

    Contract

  • Sub Type

    Breach

MARYLIN CASTILLO, ET AL. VS KING TACO RESTAURANT, ET AL.

Court reporter fees as established by statute are recoverable by the prevailing party per CCP § 1033.5(a)(11). Gov. Code § 68086(a) provides for a fee representing the services of an official court reporter for each proceeding lasting more than one hour, as follows: (a) In addition to any other fee required in civil actions or cases: . . .

  • Hearing

    Nov 05, 2018

MARYLIN CASTILLO, ET AL. VS KING TACO RESTAURANT, ET AL.

Court reporter fees as established by statute are recoverable by the prevailing party per CCP § 1033.5(a)(11). Gov. Code § 68086(a) provides for a fee representing the services of an official court reporter for each proceeding lasting more than one hour, as follows: (a) In addition to any other fee required in civil actions or cases: . . .

  • Hearing

    Oct 29, 2018

DELTA CONSTRUCTION COMPANY INC VS. COUNTY OF SACRAMENTO

Since court reporter fees as established by statute are allowable costs (CCP § 1033.5(a)(11)), the court declines to tax the $956.00. On the other hand, because under CCP § 1033.5(b)(5) transcript costs are not recoverable unless ordered by the court (which did not occur in this case), the court will tax the claimed $622.50. The court agrees with County that not all of the claimed service of process fees were proper and shall tax these costs by $50.

  • Hearing

    Sep 28, 2018

KNOHL-TRIDER VS FOSTER

Category 12: Court Reporter Fees Under CCP § 1033.5(a)(11), the prevailing party is entitled to recover court reporter fees as established by statute. (Chaaban v. Wet Seal, Inc. (2012) 203 Cal.App.4th 49, 58; Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 858.) Here, the dispute centers upon the court reporter’s charges of $528.50 for “Live Note provided to Judge throughout trial.” Plaintiffs move to tax $264.25 of those costs.

  • Hearing

    Sep 28, 2018

SCOTT FARBER ET AL VS STATE FARM MUTUAL AUTO INS CO

Court Reporter Fees CCP §1033.5(a)(11) provides that the cost of “court reporter fees as established by statute” is a recoverable cost. Respondent argues the cost was not necessary because Respondent agreed to permit the proceedings to go forward in its attorney’s office, but Petitioner insisted on having it go forward at a court reporter’s office and to have the proceedings recorded. The Court finds it is reasonable to want to have proceedings recorded.

  • Hearing

    Sep 21, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

BRYANT VS. AMERICAN TECHNOLOGIES INC

CCP §1033.5(a)(11), Gov.C. 68068(c), (d), CRC 2.956(c). THEREFORE, Defendants American Technologies, Inc. and USAA Casualty Insurance Company claimed costs in the amount of $30,477.81 are taxed in the amount of $5,505.17, reducing defendants' allowable costs to $24,972.64. Defendants American Technologies, Inc. and USAA Casualty Insurance Company are awarded $24,972.64 in costs.

  • Hearing

    Sep 06, 2018

  • Type

    Contract

  • Sub Type

    Contract - Other

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