Assembly Bill No. 545–Committee on Judiciary

March 15, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning fees charged by reporter of district court. (BDR 1-1091)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to district courts; increasing the fees charged by a reporter of a district court; establishing fees for a reporter of a district court who provides an instantaneous translation of testimony into English and a diskette containing the translation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 3.370 is hereby amended to read as follows:

1-2 3.370 1. For his services the official reporter or reporter pro tempore

1-3 is entitled to the following fees:

1-4 (a) For being available to report civil and criminal testimony and

1-5 proceedings when the court is sitting during traditional business hours on

1-6 any day except Sunday, [$140] $154 per day, to be paid by the county as

1-7 provided in subsection [3.] 4.

1-8 (b) For being available to report civil and criminal testimony and

1-9 proceedings when the court is sitting beyond traditional business hours or

1-10 on Sunday:

1-11 (1) If the reporter has been available to report for at least 4 hours,

1-12 [$30] $33 per hour for each hour of availability; or

1-13 (2) If the reporter has been available to report for fewer than 4 hours,

1-14 a pro rata amount based on the daily rate set forth in paragraph (a),

1-15 to be paid by the county as provided in subsection [3.] 4.

1-16 (c) For transcription:

1-17 (1) Except as otherwise provided in subparagraph (2), [$3.25] for the

1-18 original draft and any copy to be delivered:

2-1 (I) Within 24 hours after it is requested, $7.16 per page for the

2-2 original draft and one copy, and $1.10 per page for each additional copy;

2-3 (II) Within 48 hours after it is requested, $5.37 per page for the

2-4 original draft and one copy, and 83 cents per page for each additional

2-5 copy;

2-6 (III) Within 4 days after it is requested, $4.48 per page for the

2-7 original draft and one copy, and 69 cents per page for each additional

2-8 copy; or

2-9 (IV) More than 4 days after it is requested, $3.58 per page for the

2-10 original draft and one copy, and [50] 55 cents per page for each additional

2-11 copy . [to the party ordering the original draft.]

2-12 (2) For civil litigants who are ordering the original draft and are

2-13 represented by a nonprofit legal corporation or a program for pro bono

2-14 legal assistance, [$2.50] for the original draft and any copy to be

2-15 delivered:

2-16 (I) Within 24 hours after it is requested, $5.50 per page and $1.10

2-17 per page for each additional copy;

2-18 (II) Within 48 hours after it is requested, $4.13 per page and 83

2-19 cents per page for each additional copy;

2-20 (III) Within 4 days after it is requested, $3.44 per page and 69

2-21 cents per page for each additional copy; or

2-22 (IV) More than 4 days after it is requested, $2.75 per page and

2-23 [50] 55 cents per page for each additional copy.

2-24 (3) For any party other than the party ordering the original draft, [50]

2-25 for the copy of the draft to be delivered:

2-26 (I) Within 24 hours after it is requested, $1.10 per page;

2-27 (II) Within 48 hours after it is requested, 83 cents per page;

2-28 (III) Within 4 days after it is requested, 69 cents per page; or

2-29 (IV) More than 4 days after it requested, 55 cents per page.

2-30 (d) For reporting all civil matters, in addition to the [salary] fees

2-31 provided in paragraphs (a) and (b), $20 for each hour or fraction thereof

2-32 actually spent, to be taxed as costs pursuant to subsection [4.] 5.

2-33 (e) For providing an instantaneous translation of testimony into

2-34 English which appears on a computer that is located at a table in the

2-35 courtroom where the attorney who requested the translation is seated:

2-36 (1) Except as otherwise provided in this subparagraph, in all

2-37 criminal matters in which a party requests such a translation, in addition

2-38 to the fees provided pursuant to paragraphs (a) and (b), $140 for the first

2-39 day and $90 per day for each subsequent day from the party who makes

2-40 the request. This additional fee must be paid by the county as provided

2-41 pursuant to subsection 4 only if the court issues an order granting the

2-42 translation service to the prosecuting attorney or to an indigent

2-43 defendant who is represented by a county or state public defender.

3-1 (2) In all civil matters in which a party requests such a translation,

3-2 in addition to the fees provided pursuant to paragraphs (a), (b) and (d),

3-3 $140 for the first day and $90 per day for each subsequent day, to be paid

3-4 by the party who requests the translation.

3-5 (f) For providing a diskette containing testimony prepared from a

3-6 translation provided pursuant to paragraph (e):

3-7 (1) Except as otherwise provided in this subparagraph, in all

3-8 criminal matters in which a party requests the diskette and the reporter

3-9 agrees to provide the diskette, in addition to the fees provided pursuant to

3-10 paragraphs (a), (b) and (e), $1.50 per page of the translation contained

3-11 on the diskette from the party who makes the request. This additional fee

3-12 must be paid by the county as provided pursuant to subsection 4 only if

3-13 the court issues an order granting the diskette to the prosecuting attorney

3-14 or to an indigent defendant who is represented by a county or state public

3-15 defender.

3-16 (2) In all civil matters in which a party requests the diskette and the

3-17 reporter agrees to provide the diskette, in addition to the fees provided

3-18 pursuant to paragraphs (a), (b), (d) and (e), $1.50 per page of the

3-19 translation contained on the diskette, to be paid by the party who requests

3-20 the diskette.

3-21 2. For the purposes of [this subsection,] subsection 1, a page is a sheet

3-22 of paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2

3-23 inches from the left edge of the paper. The right margin must not be more

3-24 than three-fourths of an inch from the right edge of the paper. Each sheet

3-25 must be numbered on the left margin and must contain at least 24 lines of

3-26 type. The first line of each question and of each answer may be indented

3-27 not more than five spaces from the left margin. The first line of any

3-28 paragraph or other material may be indented not more than 10 spaces from

3-29 the left margin. There must not be more than one space between words or

3-30 more than two spaces between sentences. The type size must not be larger

3-31 than 10 characters per inch. The lines of type may be double spaced or one

3-32 and one-half spaced.

3-33 [2.] 3. If the services of more than one reporter are required by the

3-34 court in a criminal proceeding, each reporter is entitled to receive the fees

3-35 set forth in paragraphs (a) and (b) of subsection 1, as appropriate. Each

3-36 reporter in a criminal proceeding is entitled to receive an additional fee

3-37 equal to one-half of the fee to which he is entitled pursuant to paragraph

3-38 (c) of subsection 1 for transcribing a proceeding of which the transcripts

3-39 are ordered by the court to be delivered on or before the start of the next

3-40 day the court is scheduled to conduct business.

3-41 [3.] 4. The fees specified in paragraphs (a) and (b) of subsection 1, the

3-42 fees for transcripts in criminal cases ordered by the court to be made , the

3-43 fees in criminal cases that are ordered by the court pursuant to

4-1 subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph

4-2 (f) of subsection 1 and the fees specified in subsection [2] 3 must be paid

4-3 out of the county treasury upon the order of the court. When there is no

4-4 official reporter in attendance and a reporter pro tempore is appointed, his

4-5 reasonable expenses for traveling and detention must be fixed and allowed

4-6 by the court and paid in the same manner. The respective district judges

4-7 may, with the approval of the respective board or boards of county

4-8 commissioners within the judicial district, fix a monthly salary to be paid

4-9 to the official reporter in lieu of per diem. The salary, and also actual

4-10 traveling expenses in cases where the reporter acts in more than one

4-11 county, must be prorated by the judge on the basis of time consumed by

4-12 work in the respective counties and must be paid out of the respective

4-13 county treasuries upon the order of the court.

4-14 [4.] 5. In civil cases the fees prescribed in paragraph (d) of subsection

4-15 1 and for transcripts ordered by the court to be made must be paid by the

4-16 parties in equal proportions, and either party may, at his option, pay the

4-17 whole fee. In either case all amounts so paid by the party to whom costs

4-18 are awarded must be taxed as costs in the case. The fees for transcripts and

4-19 copies ordered by the parties must be paid by the party ordering them. No

4-20 reporter may be required to perform any service in a civil case until his

4-21 fees have been paid to him or deposited with the clerk of the court.

4-22 [5.] 6. Where a transcript is ordered by the court or by any party, the

4-23 fees for it must be paid to the clerk of the court and by him paid to the

4-24 reporter upon the furnishing of the transcript.

4-25 [6.] 7. The testimony and proceedings in an uncontested divorce

4-26 action need not be transcribed unless requested by a party or ordered by

4-27 the court.

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