Massachusetts General Laws ch. 221 sec. 91D – Court reporters; practices; contracts
Section 91D. (a) As used in this section, the following words and phrases unless the context otherwise requires, shall have the following meanings:
Terms Used In Massachusetts General Laws ch. 221 sec. 91D
- Contract: A legal written agreement that becomes binding when signed.
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
”Court reporter”, a shorthand reporter or voice reporter engaged in the practice of court reporting.
”Practice of court reporting”, the making of a verbatim record of any Massachusetts trial, legislative public hearing, state agency public hearing, deposition, examination before trial, hearing or proceeding before any grand jury, referee, board, commission, master or arbitrator, or other testimony given under oath.
(b) Contracts entered into pursuant to the practice of court reporting, not related to a particular case or reporting incident, between a court reporter or any person with whom a court reporter has a principal and agency relationship and an attorney at law, party to an action, or party having a financial interest in an action shall be prohibited. An attorney shall not be prohibited from negotiating or bidding reasonable court reporting fees, equal to all parties, on a case by case basis. This section shall not apply to a contract entered into pursuant to the practice of court reporting for the courts or to other contracts with governmental entities.
A person aggrieved by a violation of this section shall be entitled to review in the superior court and shall be entitled to all legal and equitable relief within the jurisdiction of the court.