1. Assembly Bill No. 545–Committee on Judiciary

CHAPTER........

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:

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

3.370 1. [For] Except as otherwise provided in subsection 3, for his

services the official reporter or reporter pro tempore is entitled to the

following fees:

  1. (a) For being available to report civil and criminal testimony and
  1. proceedings when the court is sitting during traditional business hours on
  1. any day except Sunday, [$140] $150 per day, to be paid by the county as
  1. provided in subsection [3.] 4.
  1. (b) For being available to report civil and criminal testimony and
  1. proceedings when the court is sitting beyond traditional business hours or
  1. on Sunday:
  1. (1) If the reporter has been available to report for at least 4 hours,
  1. [$30] $35 per hour for each hour of availability; or
  1. (2) If the reporter has been available to report for fewer than 4 hours,
  1. a pro rata amount based on the daily rate set forth in paragraph (a),
  1. to be paid by the county as provided in subsection [3.] 4.
  1. (c) For transcription:
  1. (1) Except as otherwise provided in subparagraph (2), [$3.25] for the
  1. original draft and any copy to be delivered:
  1. (I) Within 24 hours after it is requested, $7.10 per page for the
  1. original draft and one copy, and $1.10 per page for each additional copy;
  1. (II) Within 48 hours after it is requested, $5.32 per page for the
  1. original draft and one copy, and 83 cents per page for each additional
  1. copy;
  1. (III) Within 4 days after it is requested, $4.43 per page for the
  1. original draft and one copy, and 69 cents per page for each additional
  1. copy; or
  1. (IV) More than 4 days after it is requested, $3.55 per page for the
  1. original draft and one copy, and [50] 55 cents per page for each additional
  1. copy . [to the party ordering the original draft.]
  1. (2) For civil litigants who are ordering the original draft and are
  1. represented by a nonprofit legal corporation or a program for pro bono
  1. legal assistance, [$2.50] for the original draft and any copy to be
  1. delivered:
  2. (I) Within 24 hours after it is requested, $5.50 per page and $1.10
  1. per page for each additional copy;
  1. (II) Within 48 hours after it is requested, $4.13 per page and 83
  1. cents per page for each additional copy;
  1. (III) Within 4 days after it is requested, $3.44 per page and 69
  1. cents per page for each additional copy; or
  1. (IV) More than 4 days after it is requested, $2.75 per page and
  1. [50] 55 cents per page for each additional copy.
  1. (3) For any party other than the party ordering the original draft, [50]
  1. for the copy of the draft to be delivered:
  1. (I) Within 24 hours after it is requested, $1.10 per page;
  1. (II) Within 48 hours after it is requested, 83 cents per page;
  1. (III) Within 4 days after it is requested, 69 cents per page; or
  1. (IV) More than 4 days after it requested, 55 cents per page.
  1. (d) For reporting all civil matters, in addition to the [salary] fees
  1. provided in paragraphs (a) and (b), $20 for each hour or fraction thereof
  1. actually spent, to be taxed as costs pursuant to subsection [4.] 5.
  1. (e) For providing an instantaneous translation of testimony into
  1. English which appears on a computer that is located at a table in the
  1. courtroom where the attorney who requested the translation is seated:
  1. (1) Except as otherwise provided in this subparagraph, in all
  1. criminal matters in which a party requests such a translation, in addition
  1. to the fees provided pursuant to paragraphs (a) and (b), $140 for the first
  1. day and $90 per day for each subsequent day from the party who makes
  1. the request. This additional fee must be paid by the county as provided
  1. pursuant to subsection 4 only if the court issues an order granting the
  1. translation service to the prosecuting attorney or to an indigent
  1. defendant who is represented by a county or state public defender.
  1. (2) In all civil matters in which a party requests such a translation,
  1. in addition to the fees provided pursuant to paragraphs (a), (b) and (d),
  1. $140 for the first day and $90 per day for each subsequent day, to be paid
  1. by the party who requests the translation.
  1. (f) For providing a diskette containing testimony prepared from a
  1. translation provided pursuant to paragraph (e):
  1. (1) Except as otherwise provided in this subparagraph, in all
  1. criminal matters in which a party requests the diskette and the reporter
  1. agrees to provide the diskette, in addition to the fees provided pursuant to
  1. paragraphs (a), (b) and (e), $1.50 per page of the translation contained
  1. on the diskette from the party who makes the request. This additional fee
  1. must be paid by the county as provided pursuant to subsection 4 only if
  1. the court issues an order granting the diskette to the prosecuting attorney
  1. or to an indigent defendant who is represented by a county or state public
  1. defender.
  1. (2) In all civil matters in which a party requests the diskette and the
  1. reporter agrees to provide the diskette, in addition to the fees provided
  1. pursuant to paragraphs (a), (b), (d) and (e), $1.50 per page of the
  2. translation contained on the diskette, to be paid by the party who requests
  1. the diskette.
  1. 2. For the purposes of [this subsection,] subsection 1, a page is a sheet
  1. of paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2
  1. inches from the left edge of the paper. The right margin must not be more
  1. than three-fourths of an inch from the right edge of the paper. Each sheet
  1. must be numbered on the left margin and must contain at least 24 lines of
  1. type. The first line of each question and of each answer may be indented
  1. not more than five spaces from the left margin. The first line of any
  1. paragraph or other material may be indented not more than 10 spaces from
  1. the left margin. There must not be more than one space between words or
  1. more than two spaces between sentences. The type size must not be larger
  1. than 10 characters per inch. The lines of type may be double spaced or one
  1. and one-half spaced.

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

court in a criminal proceeding, each reporter is entitled to receive [the] :

(a) The fees set forth in paragraphs (a) and (b) of subsection 1 and

subparagraph (1) of paragraph (e) of subsection 1, as appropriate [. Each

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

equal to one-half of the fee to which he is entitled pursuant to paragraph (c)

of subsection 1] ; and

  1. (b) A fee of $5.33 per page for the original draft and one copy, and 83
  1. cents per page for each additional copy for transcribing a proceeding of
  1. which the transcripts are ordered by the court to be delivered on or before
  1. the start of the next day the court is scheduled to conduct business.
  1. [3.] 4. The fees specified in paragraphs (a) and (b) of subsection 1, the
  1. fees for transcripts in criminal cases ordered by the court to be made , the
  1. fees in criminal cases that are ordered by the court pursuant to
  1. subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph
  1. (f) of subsection 1 and the fees specified in subsection [2] 3 must be paid
  1. out of the county treasury upon the order of the court. When there is no
  1. official reporter in attendance and a reporter pro tempore is appointed, his
  1. reasonable expenses for traveling and detention must be fixed and allowed
  1. by the court and paid in the same manner. The respective district judges
  1. may, with the approval of the respective board or boards of county
  1. commissioners within the judicial district, fix a monthly salary to be paid to
  1. the official reporter in lieu of per diem. The salary, and also actual traveling
  1. expenses in cases where the reporter acts in more than one county, must be
  1. prorated by the judge on the basis of time consumed by work in the
  1. respective counties and must be paid out of the respective county treasuries
  1. upon the order of the court.
  1. [4.] 5. In civil cases the fees prescribed in paragraph (d) of subsection
  1. 1 and for transcripts ordered by the court to be made must be paid by the
  1. parties in equal proportions, and either party may, at his option, pay the
  1. whole fee. In either case all amounts so paid by the party to whom costs are
  1. awarded must be taxed as costs in the case. The fees for transcripts and
  2. copies ordered by the parties must be paid by the party ordering them. No
  1. reporter may be required to perform any service in a civil case until his fees
  1. have been paid to him or deposited with the clerk of the court.
  1. [5.] 6. Where a transcript is ordered by the court or by any party, the
  1. fees for it must be paid to the clerk of the court and by him paid to the
  1. reporter upon the furnishing of the transcript.
  1. [6.] 7. The testimony and proceedings in an uncontested divorce
  1. action need not be transcribed unless requested by a party or ordered by the
  1. court.
  1. ~