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

SANCHEZ V. TANG, M.D., ET AL.

Government Code section 68086, subdivision (d)(2) directs the Judicial Council to adopt rules to ensure “[t]hat if an official court reporter is not available, a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter, the costs therefor recoverable as provided in subdivision (c).”

  • Hearing

    Sep 05, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

PAMELA CHEVREAUX VS LONG BEACH MEMORIAL MEDICAL CENTER

Thus, pursuant to Government Code section 68086, defendant may recover costs incurred for hiring the court reporter because these are “fees as established by statute” within the meaning of Code of Civil Procedure section 1033.5(a)(11).)

  • Hearing

    Sep 05, 2018

  • Type

    Employment

  • Sub Type

    Wrongful Term

PAMELA CHEVREAUX VS LONG BEACH MEMORIAL MEDICAL CENTER

Thus, pursuant to Government Code section 68086, defendant may recover costs incurred for hiring the court reporter because these are “fees as established by statute” within the meaning of Code of Civil Procedure section 1033.5(a)(11).)

  • Hearing

    Sep 05, 2018

  • Type

    Employment

  • Sub Type

    Wrongful Term

ARTURO RUBINSTEIN VS PARIS P FAKHERI

In opposition, plaintiff asserts that Government Code section 68086 provides such statutory authority for the $239.60 claimed. Defendant does not dispute this in reply. The Court construes the lack of opposition as a tacit concession. Conclusion The motion is GRANTED as to the $570.65 claimed for deposition costs and otherwise DENIED. Defendant to give notice. Dated: __________________________________________ Dennis J. Landin Superior Court Judge

  • Hearing

    Aug 28, 2018

  • Judge

    Dennis J. Landin or Michael J. Raphael

  • County

    Los Angeles County, CA

MAXINE MEJIA ET AL VS FRED WATSON

This portion of the court reporter fee is not authorized by CCP 1033.5(a)(11). The $375 fee from an unidentified CSR is not substantiated. Grant motion to tax as to $375.00 of ITEM 12a, deny motion as to the balance. (5) ITEM 16 “Other” costs. “Miscellaneous” costs are not recoverable.

  • Hearing

    Aug 21, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

BOYAJIAN V. J.C. PENNEY CO., INC.

Therefore, such costs are allowable pursuant to Government Code section 68086(c). Defendant seeks costs for airfare to Irvine, a rental car, hotel and meals incurred in deposing Plaintiff’s orthopedic expert, Steven Graboff, M.D., in Irvine. On its face, Code of Civil Procedure section 1033.5(a)(3) allows only the costs of transcribing the depositions. But, several cases have interpreted the statute to allow costs for travel to attend depositions. (See Hoge v.

  • Hearing

    Jul 31, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

XG COMMUNITIES LLC, A DELAWARE LIMITED LIABILITY COMPANY VS. CITY OF SACRAMENTO

Please be advised there is a $478.00 per day or $239.00 per half day fee pursuant to Government Code section 68086, which must be paid in Department 32 at the conclusion of the trial, unless otherwise ordered.

  • Hearing

    Jul 25, 2018

  • Type

    Other

  • Sub Type

    Intellectual Property

BURBA, MICHAEL VS. WILLIAMS, BILLIE JO

(Code of Civil Procedure section 1033.5(a)(11); Government Code section 68086(c).) Defendant submits invoices to support the costs requested, and plaintiff fails to demonstrate that the costs were unreasonable. The motion is denied as to the court reporter fees. The motion is granted as to filing fees of $60. In all other respects, the motion is denied. Defendant is entitled to costs of $8,522.77.

  • Hearing

    Jun 19, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LOURDES VASQUEZ VS. NCL (BAHAMAS) SERVICES LTD

(CCP §1033.5(a)(11).) Defendant argues in opposition that it is entitled to court reporter fees pursuant to section 1033.5(a)(11), regardless of whether a transcript is ordered by the court pursuant to section 1033.5(a)(9) and (b)(5). (Opp. at pp.3-4 [citing Chaaban v. Wet Seal, Inc. (2012) 203 Cal.App.4th 49, 58].) While this may be true, the court in Chaaban did not do away with the requirement that a statute is necessary in order to recover court reporter fees pursuant to section 1033.5(a)(11).

  • Hearing

    Jun 15, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

EDWARD SCHMITT VS COUNTY OF LOS ANGELES ET AL

The real time reporting was not ordered by the Court[1] and does not fall within the statutory definition of “court reporter fees” under CCP § 1033.5(a)(11). As such, the Court grants Plaintiff’s motion to tax $2,217.00 in real time reporting costs. Based on the forgoing, the Court will tax Defendant’s request for court reporter fees in the amount of $8,717.75. Thus, Defendant may recover only $6,490.00 in court reporter fees in this action.

  • Hearing

    Jun 14, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

LANCE JAY ROBBINS PALOMA PARTNERSHIP VS CITY OF LOS ANGELES

CCP §1033.5(a)(11). This fee appears reasonably necessary and will be allowed. k. Item 16 — Court Call The City objects to Paloma’s costs of $116 for Court Call. Mot. at 4. Paloma argues that this is a discretionary cost reasonably necessary to the litigation. Opp. at 3. Telephone costs are not allowable except when expressly authorized by law. CCP §1033.5(b)(3). This cost will be taxed. 3.

  • Hearing

    May 29, 2018

  • Type

    Administrative

  • Sub Type

    Writ

ALEKSANDR KON VS CITY OF LOS ANGELES ET AL

Item 11: Court Reporter Fees: CCP § 1033.5(a)(11) allows for court reporter fees “as established by statute.” As Defendant has not proven this condition in its briefs, this Court will GRANT the motion to tax $1,632.20. Item 12: Models, Blowups and Photocopies: Although “electronic presentation of exhibits” is not compensable unless “they were reasonably helpful to the trier of fact,” this Court may also exercise its discretion in awarding non-listed costs. CCP § 1033.5(a)(13) & (c)(4).

  • Hearing

    May 04, 2018

LUCERNE VALLEY LLC VS SUNRISE FINANCIAL LLC ET AL

Government Code section 68086 provides that “[t]he costs for the services of the official court reporter shall be recoverable as taxable costs by the prevailing party as otherwise provided by law.” (Id. at subd. (c).) It further provides that when an official court reporter is not available, “a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter, the costs therefor recoverable as provided in subdivision (c)” (Gov. Code § 68086, subd. (d)(2).)

  • Hearing

    Apr 26, 2018

LUCERNE VALLEY LLC VS SUNRISE FINANCIAL LLC ET AL

Government Code section 68086 provides that “[t]he costs for the services of the official court reporter shall be recoverable as taxable costs by the prevailing party as otherwise provided by law.” (Id. at subd. (c).) It further provides that when an official court reporter is not available, “a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter, the costs therefor recoverable as provided in subdivision (c)” (Gov. Code § 68086, subd. (d)(2).)

  • Hearing

    Apr 26, 2018

PENELOPE ARMSTRONG VS THE COUNTY OF LOS ANGELES ET AL

(CCP § 1033.5(a)(11).) Plaintiff is also correct that Defendant’s request to recover $402.90 for a “rough transcript” not ordered by the court is improper under CCP § 1033.5(b)(5).

  • Hearing

    Apr 10, 2018

  • Judge

    Brian S. Currey or Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

YOUSSEF VS. QAYYUM

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.) Additionally, the court, in its discretion, grants costs associated with Realtime, on 11/30/17, 12/4/17, 12/5/17, and 12/8/17.

  • Hearing

    Mar 09, 2018

  • Type

    Contract

  • Sub Type

    Breach

HSI, JUNG VS CRUSADER INSURANCE COMPANY

The Court notes that the only type of court reporter fees that is allowed under CCP § 1033.5(a)(11) is the type that is established by statute. Defendant fails to cite to any statute that permits its request for costs of court reporter fees. Notably, Defendant does not argue the issue of court reporter fees in its opposition, seemingly conceding that it is unnecessary and unreasonable. For the stated reasons, the Court finds that the requested costs for court reporter fees is improper.

  • Hearing

    Feb 05, 2018

  • Judge

    Yolanda Orozco or Georgina Torres Rizk

  • County

    Los Angeles County, CA

TB PENICK & SONS INC VS. GILBANE BUILDING COMPANY

(CCP § 1033.5(a)(11) and (c)(4)). (See, Heppler v. J.M. Peters Co. (1999) 73 Cal.App.4th 1265, 1298) Even assuming the fee for the court reporter was not "established by statute" because the court no longer provides for a court reporter, the necessity of a court reporter is beyond question and thus recoverable as a discretion cost. The Motion is granted in part as to the "other" costs, which were requested as $6,773.50 for court reporter costs and $22,553.08 for trial technology.

  • Hearing

    Feb 01, 2018

  • Type

    Contract

  • Sub Type

    Breach

LOWRY V. HILL

Government Code section 68086, subdivision (c), states, “The costs for the services of the official court reporter shall be recoverable as taxable costs by the prevailing party as otherwise provided by law.” Government Code section 68086, subdivision (d)(2), provides, “That if an official court reporter is not available, a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter, the costs therefor recoverable as provided in subdivision (c).”

  • Hearing

    Jan 23, 2018

CRANEVEYOR CORP VS EUROPEAN COLLISION CENTER INC ET AL

Plaintiff recognizes that CCP § 1033.5(a)(11) provides that court reporter fees for trial are recoverable as costs. Plaintiff simply argues that the court reporter fees should be taxed because ECC stated $0.00 costs on the judgment. As discussed above, Plaintiff has cited no authority that states ECC may not request costs as a post-judgment order, if done timely. (CRC 3.1700) The court DENIES the motion to tax costs.

  • Hearing

    Dec 07, 2017

LOPEZ VS. RICHS SAN DIEGO

Government Code section 68086(c) allows the prevailing party to recover court reporter fees charged by the court. The court reporter was not provided by the court but was hired by counsel. Accordingly, $1,855 is disallowed. Conclusion The Court is disallowing a total of $30,110. Plaintiff is awarded $48,314.02 in costs. The minute order will be the order of the Court. Counsel for Here We Go is directed to serve notice on all parties within 2 court days of this ruling.

  • Hearing

    Nov 30, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ESTATE OF JAMIE SCOTT POWELL BY AND THROUGH GEORGIANNA POWELL AND JAMES POOLE AS SUCCESSORS IN INTEREST VS. BNSF RAILWAY COMPANY

CCP §1033.5(a)(11); Gov.C. 68068(c), (d); CRC Rule 2.956(c). These costs are also reasonable. Plaintiffs seek to tax the expert witness fees. Having withdrawn Dr. Vilke's fees, this leaves $49,537.77 in expert fees.

  • Hearing

    Nov 16, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ESTATE OF JAMIE SCOTT POWELL BY AND THROUGH GEORGIANNA POWELL AND JAMES POOLE AS SUCCESSORS IN INTEREST VS. BNSF RAILWAY COMPANY

CCP §1033.5(a)(11); Gov.C. 68068(c), (d); CRC Rule 2.956(c). These costs are also reasonable. Plaintiffs seek to tax the expert witness fees. Having withdrawn Dr. Vilke's fees, this leaves $49,537.77 in expert fees.

  • Hearing

    Nov 16, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ACQUA VISTA HOMEOWNERS ASSOCIATION VS. K.HOVNANIAN AT ACQUA VISTA LLC [E-FILE]

Other: Court Reporter Fees CCP § 1033.5(a)(11) allows only for recovery of court reporter fees, not for recovery of transcripts. CCP § 1033.5(a)(9) allows only for recovery of "[t]ranscripts of court proceedings ordered by the court. CCP § 1033.5(b)(5) expressly precludes the award of "[t]ranscripts of court proceedings not ordered by the court" as costs. The court finds MWI fails to establish that the costs it seeks are for transcripts of proceedings ordered by the court.

  • Hearing

    Oct 12, 2017

  • Type

    Complex

  • Sub Type

    Writ

KATHERINE CARNAHAN VS LAKESIDE UNION SCHOOL DISTRICT

However, Government Code section 68086(c) allows the prevailing party to recover the costs for the official court reporter. Accordingly, these costs are allowed. Item 13a: Messenger Fees Plaintiff argues the Court should exercise its discretion to tax $1,187.26 in messenger fees. Defendant says the fees were incurred to file documents with the court and collect records from medical providers, Juvenile Court and plaintiff's counsel.

  • Hearing

    Oct 12, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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