PRINTER'S NO. 101
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
165
Session of
2015
INTRODUCED BY GREENLEAF, COSTA AND TARTAGLIONE, JANUARY 15, 2015
REFERRED TO JUDICIARY, JANUARY 15, 2015
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.
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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
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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.
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