SB 484: Deposition reporting services: unlawful business practices.
- Session Year: 2017-2018
- House: Senate
Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California and authorizes it to revoke or suspend a certificate for specified acts of misconduct. Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Existing law requires that a deposition be conducted under the supervision of an officer who is authorized to administer an oath and subjects the deposition officer or entity providing the services of the deposition officer to certain restrictions.
This bill would provide that it is unlawful for a person or entity that employs one or more who is employed by or who independently contracts with an entity that arranges for deposition officers for the purpose of transcribing to report or transcribe deposition testimony to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with the services to be provided by the deposition officer, as specified. offer, pursuant to any agreement or understanding, oral or otherwise, any gift, incentive, reward, or anything of value to any person or entity, as defined, associated with a proceeding being reported or transcribed. The bill would also provide that a violation of this provision is punishable by a civil fine not to exceed $20,000 $5,000 for each violation, and would authorize the Court Reporters Board of California, or the Attorney General, a district attorney, or a city attorney to bring a civil action for a violation of this provision.
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