78A-2-404.  Contract restrictions.

(1) 

Terms Used In Utah Code 78A-2-404

  • Certified court reporter: means a state certified court reporter as described in Title 58, Chapter 74, State Certification of Court Reporters Act. See Utah Code 78A-2-402
  • 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.
  • Person: means :Utah Code 68-3-12.5
  • 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).
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  Any contract for court reporting services, not related to a particular case or reporting incident, is prohibited between a court reporter or any other person with whom a court reporter has a principal and agency relationship and any attorney, party to an action, or party having a financial interest in an action.

(b)  Negotiating or bidding reasonable fees, equal to all the parties, on a case-by-case basis is not prohibited.

(2)  A certified court reporter is an officer of the court, authorized to administer oaths, whose impartiality shall remain beyond question.

(3)  This section does not apply to the courts or the administrative tribunals of this state.

(4)  Violation of this section shall be considered unprofessional conduct as provided in Section 58-74-102 and 58-74-502, and shall be grounds for revocation of state certification only.

Amended by Chapter 376, 2020 General Session