An Act To Ensure Ethical Standards for Court Reporters
Maine Legislature, Session 126, LD 1469
Committee: Judiciary
Sponsors: GOODALL, BERRY, KATZ, VALENTINO, BEAULIEU, DION, FREY, GRAHAM, MORIARTY, PRIEST

Legislative Document 
No. 1469 
S.P. 543 
In Senate, April 30, 2013 
An Act To Ensure Ethical Standards for Court Reporters 
Reference to the Committee on Judiciary suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GOODALL of Sagadahoc. 
Cosponsored by Representative BERRY of Bowdoinham and 
Senators: KATZ of Kennebec, VALENTINO of York, Representatives: BEAULIEU of 
Auburn, DION of Portland, FREY of Bangor, GRAHAM of North Yarmouth, MORIARTY of 
Cumberland, PRIEST of Brunswick. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA c. 15, sub-c. 4 is enacted to read: 
SUBCHAPTER 4 
GENERAL PROVISIONS; ETHICAL STANDARDS 
§771.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1.  Court reporter.  "Court reporter" means a person who records legal proceedings 
by stenotype machine or other means allowed under the Maine Rules of Civil Procedure, 
Rule 30 and provides prompt preparation of an accurate, verbatim written transcript. 
2.  Court reporting services.  "Court reporting services" means services provided by 
a court reporter. 
3.  Court reporting services provider.  "Court reporting services provider" means a 
business, entity or firm that provides or arranges for court reporting services. 
4.  Governmental entity.  "Governmental entity" has the same meaning as in Title 
14, section 8102, subsection 2. 
5.  Legal proceeding.  "Legal proceeding" means a proceeding or series of 
proceedings by which a legal judgment is invoked and includes but is not limited to: 
A.  A court proceeding; 
B.  A deposition; 
C.  An administrative hearing; 
D.  An arbitration hearing; 
E.  An examination under oath; and 
F.  A sworn statement. 
6.  Party.  "Party" means a party to an action that is the subject of the legal 
proceeding for which court reporting services are provided or sought to be provided. 
§772.  Relationship to party or proceeding; prohibition 
1.  Prohibition.  A court reporter or a court reporting services provider may not 
provide court reporting services for a legal proceeding if that court reporter or the court 
reporting services provider: 
A.  Has a contractual relationship with a party or an attorney, representative, agent or 
insurer of a party; 
B.  Is associated with a business, entity or firm that has a contractual relationship with 
a party or an attorney, representative, agent or insurer of a party; 
C.  Engages in any prohibited actions set forth in section 773; or 
D.  Is a party. 
A court reporter may not provide court reporting services for a legal proceeding if the 
court reporter is a relative, employee or attorney of one of the parties or is a relative, 
employee or attorney of a person with a financial interest in the action or its outcome. 
2.  Reasonable effort to determine; requirement.  Prior to the provision of court 
reporting services, a court reporter or court reporting services provider shall make 
reasonable efforts to determine whether the provision of court reporting services is 
prohibited under this subchapter. 
§773.  Prohibited actions 
A court reporter or court reporting services provider may not: 
1.  Contract.  Enter into an oral or written contractual agreement for more than one 
case, action or legal proceeding with an attorney, party to an action, insurance company, 
3rd-party administrator or any other person or entity that has a financial interest in the 
case, action or legal proceeding; 
2.  Advantage.  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.  Outcome-based payment.  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.  Restrict choice of court reporter.  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.  List of preferred providers.  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, 3rd-party administrator or any other person or entity that has a 
financial interest in the case, action or legal proceeding; 
6.  Allow manipulation.  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.  Advocacy; litigation support services.  Provide additional advocacy or litigation 
support services, including, but not limited to, trial preparation assistance, deposition 
summaries and nonpublished transcript databases. 
§774.  Comparable treatment of parties 
1.  Itemized statement.  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. 
2.  Information to parties.  A court reporter or court reporting services provider 
shall provide to the parties information on prices, terms and conditions of court reporting 
services in sufficient time prior to the commencement of the legal proceeding to allow the 
parties the opportunity to effectively negotiate for any changes necessary to ensure that 
comparable terms and conditions are made available to all parties. 
3.  Information to court.  Upon request, a court reporter or court reporting services 
provider shall provide an itemized invoice of all rates and charges for court reporting 
services provided to the administrative body, court or administrative tribunal in which the 
action upon which the legal proceeding is based is pending or scheduled to be heard. 
§775.  Waiver prohibited 
The provisions of this subchapter may not be waived or otherwise modified.  Any 
waiver or modification is contrary to public policy and is void and unenforceable. 
§776.  Exception; governmental entities 
Notwithstanding  section 773, 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. 
§777.  Construction; pro bono services 
Nothing in this chapter may be construed to limit the ability of a court reporting 
services provider to provide pro bono services to persons or parties with limited means. 
§778.  Penalties 
1.  Violation.  A person who willfully violates this subchapter is subject to a fine of 
not less than $500 for a first offense; the fine for each subsequent violation is increased 
by an additional $250 per violation. 
2.  Separate action not necessary.  A person harmed by a violation of this 
subchapter 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 scheduled to be heard. A person need not commence a separate action to 
allege a violation of this subchapter. 
3.  Filing of a complaint.  A complaint alleging a violation of this subchapter may be 
filed by any person with knowledge of the offense or by the court on its own initiative. 
4.  Venue.  A violation and request for fines and sanctions may be brought: 
A.  By motion in the administrative body, court or administrative tribunal in which 
the case is pending or scheduled to be heard; 
B.  In small claims court; or 
C.  In District Court. 
A person harmed by a violation of this subchapter may request mediation. 
5.  Sanction.  An administrative body, court or administrative tribunal that receives a 
complaint pursuant to this section and determines that a person violated this subchapter 
may bar the person from providing services in matters before that administrative body, 
court or administrative tribunal and may suspend or revoke any license, registration or 
certificate held by that person that authorizes the person to do business in the State. 
6.  Disclosure.  An administrative body, court or administrative tribunal that receives 
a complaint pursuant to this section shall publicly disclose the final action taken and shall 
issue periodic reports indicating the number and nature of complaints received and the 
disposition of the complaints. 
§779.  Application 
1.  Application to services.  This subchapter applies to court reporting services 
performed in this State, whether a party appears in person or by remote means, provided 
by: 
A.  A court reporter or court reporting services provider, whether or not based in the 
State, in connection with a legal proceeding that is commenced or maintained in this 
State; or 
B.  A court reporter or court reporting services provider based in this State in 
connection with a legal proceeding that is commenced or maintained in a foreign 
jurisdiction. 
SUMMARY 
This bill establishes ethical standards and requirements for the provision of court 
reporting services, including prohibitions against providers of court reporting services: 
1.  Providing services if the court reporter is a party to or has a financial interest in 
the proceeding; 
2.  Entering into contracts for more than one case, action or legal proceeding with an 
attorney, party to an action, insurance company, 3rd-party administrator or any other 
person or entity that has a financial interest in the case, action or legal proceeding; and 
3.  Providing additional advocacy or litigation support services, including, but not 
limited to, trial preparation assistance, deposition summaries and nonpublished transcript 
databases.