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

76-100 of 101 results

FEIGER VS BLACKHAWK

See CCP 1033.5(a)(11).

  • Hearing

    Aug 24, 2017

STRATEGIC TAX SOLUTIONS VS. AXIS MEDICAL TECHNOLOGIES LLC

Pursuant to CCP § 1033.5(a)(11), court reporter fees are recoverable as established by statute. Defendant does not cite to any statutory authority for the recovery of attorneys' fees in this case. Therefore, the motion to tax this item is granted. Therefore, Defendant Clay Molocznik shall recover costs of $2601.35.

  • Hearing

    Aug 11, 2017

  • Type

    Collections

  • Sub Type

    Collections

APPLEBARRY INC ET AL VS BIGWOOD FILMS INC ET AL

CCP § 1033.5(a)(11), (c)(3). The motion to tax court reporters fees is DENIED. 3. Item 13—Attorney service fees. Claimants move to tax $787.28 in attorney service fees. “Costs for courier or messenger fees are not specifically enumerated as allowable costs in Code of Civil Procedure section 1033.5, subdivision (a), neither are they prohibited in section 1033.5, subdivision (b).

  • Hearing

    Jul 13, 2017

DAGHER VS. FORD MOTOR COMPANY

Code 1033.5(a)(11)) The fees are "established by statute" in Government Code section 68086 and Rules of Court 2.956 and 2.958. "Other" - $478.81 – Defendant has not met its burden to show that these costs are not recoverable. Ford is entitled to recover its $3,221.86 in costs, which shall be interlineated on the judgment.

  • Hearing

    Jun 13, 2017

  • Type

    Contract

  • Sub Type

    Breach

NEWARK SPECIAL TECHNOLOGY INC VS TOWER INDUSTRIES INC

Motion to Tax Costs CCP § 1033.5(a)(11) provides that “[c]ourt reporter fees as established by statute” are allowable as costs. Prior to 2012, court reporters were provided by the Superior Court for trials and this expense was borne by the parties. Now, court reporters are not automatically provided by the Superior Court and must instead be arranged for privately by the parties. In light of this new reality, Allied arranged for a reporter to be present at the trial in this matter.

  • Hearing

    Jun 07, 2017

KARAMOOZ - PROBATE

(CCP § 1033.5(a)(11).) Item 13 – Other The Court taxes $406.36, which represents reimbursement for a flight to Portland, Oregon to “inspect property during discovery ($357), $3 for parking during the trip, mailing costs of $28.90, travel costs of $16.50...” (ROA 656, Kermani-Nejad Decl. ¶ 10.) However, “‘[t]he only travel expenses authorized by section 1033.5 are those to attend depositions.” (Ladas v. California State Auto. Ass’n (1993) 19 Cal.App.4th 761, at 775-776.)

  • Hearing

    Jun 02, 2017

FRATILLA VS WIRTA

CCP § 1033.5(a)(11). Here, Plaintiff has not come forward with any evidence to refute the cost. The Opposition comes forward with receipts for the payment of court reporter fees, in Exhibit 2. The Court denies the motion to tax this item.

  • Hearing

    May 26, 2017

TARISA BELLAMY VS MERCEDES BENZ USA LLC

CCP § 1033.5(a)(11). Plaintiff claims $3,976.10 for transcripts of proceedings and $2,554.88 for trial transcripts, neither Court-ordered. As mentioned above, however, the Song-Beverly Act’s fee-shifting provision allows “costs and expenses” where the general statute does not. Additionally, defendant presents no evidence or explanation to support its claim that these costs were not reasonably necessary. Rappenecker, supra, 93 Cal.App.3d at 266.

  • Hearing

    May 22, 2017

TARISA BELLAMY VS MERCEDES BENZ USA LLC

CCP § 1033.5(a)(11). Plaintiff claims $3,976.10 for transcripts of proceedings and $2,554.88 for trial transcripts, neither Court-ordered. As mentioned above, however, the Song-Beverly Act’s fee-shifting provision allows “costs and expenses” where the general statute does not. Additionally, defendant presents no evidence or explanation to support its claim that these costs were not reasonably necessary. Rappenecker, supra, 93 Cal.App.3d at 266.

  • Hearing

    May 22, 2017

  • County

    Los Angeles County, CA

JOSE ALFREDO MARTINEZ VS MICHAELS ET AL

As to the fees of the court reporter, these are specifically authorized by CCP §1033.5(a)(11), so the motion to tax costs is denied regardless of the fact that a party chose to submit to the tentative ruling. Reporter fees were reasonable and necessary to the litigation. As to the deposition costs, these are specifically authorized by CCP §1033.5(a)(3), so the motion to tax these costs is denied as they were both reasonable and necessary to the litigation.

  • Hearing

    Mar 30, 2017

  • Type

    Employment

  • Sub Type

    Wrongful Term

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION VS. PARADISE ASSOCIATES, INC.

Also, while CCP § 1033.5(a)(11) allows for recovery of costs for "[c]ourt reporter fees as established by statute" Cal Fire fails to establish that it paid statutory court reporter fees. To the extent Cal Fire seeks these costs pursuant to CCP § 1033.5(c), because CCP § 1033.5(b)(5) expressly precludes the award of costs for "[t]ranscripts of court proceedings not ordered by the court" this court is without discretion to award these fees as costs.

  • Hearing

    Feb 09, 2017

  • Type

    Other

  • Sub Type

    Intellectual Property

IN RE: MARCUS & MARCIA RUDNICK FAMILY TRUST

With respect to Item No. 12 (court reporter costs), Respondent notes the fees were incurred for a seven (7) day trial and such fees are recoverable under Government Code section 68086(d)(2) [party may arrange for a reporter to serve as an official pro tempore reporter if an official court reporter is not available]. The motion to tax costs is denied. Footnote 1: Attorney Braun seeks $15,565; and Attorney Wilson seeks $23,569.50, plus $1,622.50.

  • Hearing

    Feb 08, 2017

JORDAN V. SANDHU

CCP §1033.5(a)(11). Defendants to give notice. Plaintiff Paula Jordan’s Motion To Strike/Tax Costs: Plaintiff Paula Jordan’s motion to strike Defendants’ cost memorandum as to her, is DENIED. The motion to tax individual costs in the memo, is GRANTED IN PART and denied in part, as set forth below. The moving and reply papers are essentially the same as for the motion of plaintiff, Kirk Jordan. The Court adopts the discussion and rulings above which apply here.

  • Hearing

    Feb 01, 2017

ALLEN VS. TRI-CITY MEDICAL CENTER

The court reporter fees are not recoverable as they are not "established by statute", as required by CCP § 1033.5(a)(11). They are privately contracted for, and no transcripts were ordered by the court. Defendant shall recover total costs in the amount of $150.

  • Hearing

    Jan 26, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KEVIN LEWIS-GRENZ VS. MICHAEL KESMODEL

Court reporter fees are authorized pursuant to CCP § 1033.5(a)(11). Stemler's has provided copies of checks and other documents reflecting payments and charges related to court reporter fees. While Plaintiffs contest these fees on the grounds that Stemler's does not specify to hearings or motions the charges are related, neither do Plaintiffs provide any authority that such specificity is required. Nevertheless, the Court is cognizant of the joint representation of Stemler's and Mr.

  • Hearing

    Dec 07, 2016

  • Type

    Contract

  • Sub Type

    Breach

KEVIN LEWIS-GRENZ VS. MICHAEL KESMODEL

Court reporter fees are authorized pursuant to CCP § 1033.5(a)(11). Stemler's has provided copies of checks and other documents reflecting payments and charges related to court reporter fees. While Plaintiffs contest these fees on the grounds that Stemler's does not specify to hearings or motions the charges are related, neither do Plaintiffs provide any authority that such specificity is required. Nevertheless, the Court is cognizant of the joint representation of Stemler's and Mr.

  • Hearing

    Dec 07, 2016

  • Type

    Contract

  • Sub Type

    Breach

KEVIN LEWIS-GRENZ VS. MICHAEL KESMODEL

Court reporter fees are authorized pursuant to CCP § 1033.5(a)(11). Stemler's has provided copies of checks and other documents reflecting payments and charges related to court reporter fees. While Plaintiffs contest these fees on the grounds that Stemler's does not specify to hearings or motions the charges are related, neither do Plaintiffs provide any authority that such specificity is required. Nevertheless, the Court is cognizant of the joint representation of Stemler's and Mr.

  • Hearing

    Dec 07, 2016

  • Type

    Contract

  • Sub Type

    Breach

KEVIN LEWIS-GRENZ VS. MICHAEL KESMODEL

Court reporter fees are authorized pursuant to CCP § 1033.5(a)(11). Stemler's has provided copies of checks and other documents reflecting payments and charges related to court reporter fees. While Plaintiffs contest these fees on the grounds that Stemler's does not specify to hearings or motions the charges are related, neither do Plaintiffs provide any authority that such specificity is required. Nevertheless, the Court is cognizant of the joint representation of Stemler's and Mr.

  • Hearing

    Dec 07, 2016

  • Type

    Contract

  • Sub Type

    Breach

MASAYUKI ARIKAWA VS NIKKEI SENIOR GARDENS INC ET AL

Service of process costs for subpoenas are recoverable (see Naser v. lakeridge Athletic Club (2014) 227 Cal.App.4th 571, 578) as are court reporter fees (CCP §1033.5(a)(11); Chaaban v. Wet Seal, Inc. (2012) 203 Cal.App.4th 49, 58-59). Therefore, the motion to strike or tax costs is denied.

  • Hearing

    Oct 31, 2016

  • Type

    Employment

  • Sub Type

    Wrongful Term

THE PEOPLE OF THE STATE OF CALIFORNIA VS BRUCE HOLMES, D.C.

The Plaintiff argues that the $1,136.21 amount is unreasonable because Government Code section 68086, which governs Court Reporter fees in judicial proceedings states that $30 is the reasonable fee to charge for hearings that last one hour or less. The Defendant argues that the amount is reasonable because it was incurred to secure a court reporter to record and transcribe the deposition of the Plaintiff’s son, Asela Dehanayake, that occurred on April 27, 2016.

  • Hearing

    Oct 21, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

HULL V. CITY OF FRESNO 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

    Jun 28, 2016

MARY CANAN VS. BRIAN MARTINEZ

CCP 1033.5(a)(11) allows court reporter fees. April 13, 2015 depo of Modell. (4). Deny tax: 4(o) $699.75 - court reporter fee for depo of Dr. Modell (Transcript $620.55, travel $79.20.) CCP 1033.5(a)(11) allows court reporter fees. April 15, 2015 depo of Modell. (5). Deny tax: 8a(10) $300.00 – witness fee for Modell at $150/day. Expert fees are not allowed unless ordered by the Court. (CCP 1033.5(b)(1).) Modell was not testifying as witness under Gov. Code 68093.

  • Hearing

    Mar 22, 2016

JOEL VENEGAS MACIAS VS. MARQUEZ BROTHERS FOODS INC

(CCP 1033.5(a)(11).) Defendant argues that this fee was necessary to support a motion to enforce court order compelling Plaintiff's IME after Plaintiff failed to attend. The Court finds that the fee is not recoverable pursuant to CCP 1033.5(a)(9). Defendant is awarded $4899.50 of the claimed $4954.50 for court reporter fees.

  • Hearing

    Feb 19, 2015

  • Type

    Employment

  • Sub Type

    Wrongful Term

JOSHUA GROM VS. THE MEN'S WEARHOUSE, INC. A TEXAS CORPORATION

Please be advised that there will be a $30.00 fee for court reporting services in civil proceedings lasting under one hour (Government Code section 68086(a)(1)(A).

  • Hearing

    Oct 30, 2013

  • Type

    Employment

  • Sub Type

    Other Employment

AMADO ROQUE VS. PICK-N-PULL AUTO DISMANTLERS, PASADENA INC

Please be advised that there will be a $30.00 fee for court reporting services in civil proceedings lasting under one hour (Government Code section 68086(a)(1)(A).

  • Hearing

    Oct 30, 2013

  • Type

    Employment

  • Sub Type

    Other Employment

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