Key Points of Virginia’s New Law

Who does this new law apply to?
“A. This chapter applies to court reporting services performed in the Commonwealth, whether a party appears in person or by remote access, provided by:

“1. A court reporter or court reporting services provider, whether or not based in the Commonwealth, in connection with a legal proceeding that is commenced or maintained in the Commonwealth; or

“2. A court reporter or court reporting services provider based in the Commonwealth in connection with a legal proceeding that is commenced or maintained in a foreign jurisdiction.

“B. The provisions of this chapter shall not be waived or otherwise modified. Any waiver or modification is contrary to public policy and is void and unenforceable.”

Code of Virginia, 17.1-1001(A) and (B)
A court reporter or court reporting services provider shall not:
“Enter into an agreement for court reporting services that restricts an attorney from using the court reporter or court reporting services provider of the attorney's choosing;”

“Allow the format, content, or body of a certified transcript as submitted by the court reporter to be manipulated in a manner that increases the cost of the transcript.”

“Provide additional advocacy or litigation support services, including trial preparation assistance, deposition summaries, and nonpublished transcript databases.”

Code of Virginia, 17.1-1002(A)

“Notwithstanding subsection A, if authorized or required by law, ordinance, or rule, a governmental entity may obtain court reporting services on a long-term basis through competitive bidding.”

Code of Virginia, 17.1-1002(B)
Prices/Services
“At any time during or following a legal proceeding, an attorney or a party is entitled to an itemized statement of the rates and charges for all services that have been or will be provided by a court reporter or court reporting services provider that is providing court reporting services to any party to the legal proceeding.”

Code of Virginia, 17.1-1003
Pro bono services
“Nothing in this chapter shall be construed to limit the ability of a court reporter or court reporting services provider to provide pro bono services to persons or parties with limited means.”

Code of Virginia, 17.1-1004
Enforcement
“A person harmed by a violation of this chapter may file a motion alleging the violation with the administrative body, court, or administrative tribunal in which the action upon which the legal proceeding is based is pending or is scheduled to be heard. A person need not commence a separate action to allege a violation of this chapter.”

Code of Virginia, 17.1-1005(A)

 

 

 
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