Virginia Code 17.1-1002: Prohibited actions; exception
A. A court reporter or court reporting services provider shall not:
Terms Used In Virginia Code 17.1-1002
- 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.
- Court reporter: means a person who records legal proceedings by stenotype machine or other means allowed under the Rules of Supreme Court of Virginia and provides prompt preparation of an accurate, verbatim written transcript. See Virginia Code 17.1-1000
- Court reporting services: means services provided by a court reporter and associated videography services. See Virginia Code 17.1-1000
- Court reporting services provider: means a business, entity, or firm that provides or arranges for court reporting services. See Virginia Code 17.1-1000
- 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.
- Legal proceeding: includes a court proceeding, a deposition, an administrative hearing, an arbitration hearing, an examination under oath, and a sworn statement. See Virginia Code 17.1-1000
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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).
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. Enter into an oral or written contractual agreement for more than one case, action, or legal proceeding with a party, insurance company, or any other person or entity that has a financial interest in the case, action, or legal proceeding. This prohibition does not apply to a contract for the provision of court reporting services between a court reporter or court reporting services provider and an attorney or law firm that is counsel of record in one or more cases, actions, or legal proceedings;
2. Give an economic or other advantage to a party or a party’s attorney, representative, agent, insurer, or employee without offering the advantage to all parties or fail to offer comparable services, prices, or financial terms to all parties, except that different credit terms may be offered based on payment experience and creditworthiness;
3. Offer or provide court reporting services if payment for those services is made contingent on the outcome of the legal proceeding, base the compensation for the court reporting services on the outcome of the legal proceeding, or otherwise give the court reporter or court reporting services provider a financial interest in the action;
4. 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;
5. Enter into an oral or written contractual agreement with a party, insurance company, or any other person or entity that has a financial interest in the case, action, or legal proceeding to include a court reporter or court reporting services provider on a list of preferred providers of court reporting services that is maintained by a person, business, entity, or firm that has entered into an oral or written contractual agreement for more than one case, action, or legal proceeding with an attorney, party, insurance company, third-party administrator, or any other person or entity that has a financial interest in the case, action, or legal proceeding. This prohibition does not apply to a contract between a court reporter or court reporting services provider and an attorney or law firm to include such court reporter or court reporting services provider on a list of preferred providers maintained by such attorney or law firm;
6. 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; or
7. Provide additional advocacy or litigation support services, including trial preparation assistance, deposition summaries, and nonpublished transcript databases.
B. 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.
2018, c. 783.