THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, WASHINGTON, COSTA AND O'PAKE, FEBRUARY 19, 2009

REFERRED TO JUDICIARY, FEBRUARY 19, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for court

reporting contracts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 46

COURT REPORTING CONTRACTS

Sec.

4601.  Short title of chapter.

4602.  Definitions.

4603.  Prohibited contract provisions.

4604.  Applicability.

4605.  Action to recover damages.

§ 4601.  Short title of chapter.

This chapter shall be known and may be cited as the Court

Reporting Contract Act.

§ 4602.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Court reporter."  A person who makes, by a written system of

either manual shorthand or stenotype or by use of a stenomask or

any other means, a verbatim record of any adjudicatory or

testimonial proceeding, public hearing or testimony given under

oath.

§ 4603.  Prohibited contract provisions.

A contract entered into between a court reporter or a court

reporting firm and an attorney, a law firm, a party to a legal

proceeding or a party having a financial interest in a legal

proceeding shall not include provisions that:

(1)  Undermine the impartiality of the court reporter by:

(i)  Failing to charge all parties to the legal

proceeding or their attorneys the same price for copies

of a transcript or the same price for like services

performed in the legal proceeding.

(ii)  Failing to provide copies of a transcript to

all parties to the legal proceeding, or their attorneys,

simultaneously with the delivery of the original.

(2)  Require the court reporter to provide any service to

a party to the legal proceeding not offered to the other

parties.

(3)  Otherwise give an advantage to a party to the legal

proceeding over the other parties.

§ 4604.  Applicability.

(a)  Government agency.--This chapter shall not apply to a

contract for court reporting services to which a court, agency

or instrumentality of the United States or the Commonwealth is a

party.

(b)  Court rulemaking authority.--This chapter shall not be

construed to preclude or supersede the authority exercised by

the Supreme Court of Pennsylvania under section 10 of Article V

of the Constitution of Pennsylvania.

§ 4605.  Action to recover damages.

A party to a legal proceeding or a party having a financial

interest in a legal proceeding, or that party's attorney, who

suffers any ascertainable loss of money or property as a result

of the provision of a contract that violates this chapter may

bring a private action against the parties to the contract in

order to recover up to three times the actual damages suffered

or $100, whichever is greater. The court may provide additional

relief, including injunctive relief, as it deems necessary and

proper. The court shall award reasonable attorney fees to a

person who prevails in an action brought under this section.

Section 2.  The addition of 42 Pa.C.S. Ch. 46 shall apply to

contracts entered into on or after the effective date of this

section.

Section 3.  This act shall take effect in 60 days.