Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXI - Certified Shorthand Reporters › Chapter 13 - Code of Ethics › Section XXI-1303 - Employment Relationship with Court Reporting Firm

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application and Scope. This Rule protects
				the integrity, independence, and impartiality of court reporters in their
				relationships with court reporting firms, as defined in
				R.S.
				37:2555(G) that are doing
				business in Louisiana.
B. Safe
				Harbor. A licensed Louisiana court reporter may accept employment from a court
				reporting firm and shall not be considered an "employee" for purposes of
Code of Civil Procedure
article 1434 upon furnishing to the
				board a certification, on a form approved by the board, from an authorized and
				knowledgeable officer of the court reporting firm that the firm has no
				prohibited employment or contractual relationship, direct or indirect, under
Code of Civil Procedure
article 1434 with a party litigant in
				the matter for which the reporter was retained to provide services. The
				reporter must file with the board a copy of the certification within 30 days
				after the date of the deposition. The reporter shall obtain and maintain, for a
				minimum of three years, the schedule of all charges and other disclosures,
				which shall be obtained by the reporter concurrently with the original
				certification from the court reporting firm. Upon request, the reporter shall
				provide to the board a copy of the schedule of all charges and other
				disclosures. The Louisiana court reporter shall immediately notify the board,
				in writing, if a safe harbor request was made upon a court reporting firm and
				the firm refused or failed to provide the requested certification or the
				schedule of all charges and other disclosures. The reporter shall include the
				name of the court reporting firm and the date the request was made.
C. Certification by Court Reporting Firm.
				Upon request by a licensed Louisiana court reporter, a court reporting firm
				doing business in Louisiana shall provide a certification on forms adopted by
				the board and executed by affidavit from an authorized and knowledgeable
				officer of the firm, attesting that the firm has no prohibited employment or
				contractual relationship, direct or indirect, under
Code of Civil
				Procedure
article 1434 with a party litigant in the matter for which
				the reporter was retained to provide services.
D. The court reporting firm and the court
				reporter shall immediately inform the board of any change in relationships or
				actual knowledge of any relationships, direct or indirect, that are at variance
				with representations made in the certification by the court reporting
				firm.
E. Certification Affidavit of
				Court Reporting Firm
CERTIFICATION AFFIDAVIT OF COURT REPORTING FIRM
STATE OF
_____________________
PARISH OR COUNTY OF
____________________
BEFORE ME, the undersigned authority, duly qualified to take
				  acknowledgments and administer oaths within the state and locality inscribed
				  above, personally appeared __________________________________________________
				  ("Affiant"), who is representing
				  _______________________________________________, a ____________ [state]
				  corporation [or limited liability company or other form of business
				  organization] that is doing business in Louisiana as a court reporting firm as
				  defined by Acts 2014, No. 839 (hereinafter, "Court Reporting Firm"). The
				  physical address of the entitys principal place of business is
				  ______________________ [street and suite number, if any] in
				  ____________________ [city], State of ________________, Zip _______, Telephone:
				  () ________________, Email _________________________ . After being duly sworn,
				  Affiant did attest as follows:
1.
				Affiant is a knowledgeable representative who is authorized to act on behalf of
				the Court Reporting Firm in executing this Certification Affidavit.
2. The Court Reporting Firm has engaged a
				Louisiana licensed court reporter to perform court reporting services in
				connection with the deposition(s) of ______________________________ [identify
				by name each deponent covered by this certification; attach additional sheets
				if necessary] to be taken in the following proceeding: _______________________
				vs. _____________________, pending in the _______________________ Court under
				matter number __________________ .
3. Affiant certifies, after performing due
				diligence, that the Court Reporting Firm has no prohibited employment or
				contractual relationship, direct or indirect, under Louisiana Code of Civil
				Procedure Article 1434 with a party litigant in the matter for which the court
				reporters services have been engaged. Affiant further acknowledges affiants
				duty to provide information and will provide information promptly to the
				Louisiana Board of Examiners of Certified Shorthand Reporters (hereinafter,
				"CSR Board") regarding any change in these relationships or in Affiants
				knowledge of these relationships.
4. Affiant attaches hereto the schedule of
				all charges and other disclosures that the court reporter must have available
				at the time of taking the deposition.
5. Affiant further states that Affiant is
				familiar with the nature of an oath and with penalties as provided by
				applicable state laws for falsely swearing to statements made in an instrument
				of this nature. Affiant further certifies that Affiant has read and understands
				the full facts and content of this Affidavit.
SIGNATURE OF AFFIANT: __________________________
Sworn before me this me this ______ day of ______,
				  20___
_________________________________
Notary Public ______________________
Print name:
My commission expires:
Form 10/15 Effective July 1, 2016
Each completed Firm Certification Affidavit in the foregoing
				  form must be filed with the CSR Board by the taking court reporter within 30
				  days of the date of the deposition. The filing does not need to include the
				  schedule of charges.
I, a Louisiana Licensed Court Reporter, as the
							 officer who took the depositions(s), hereby submit this certification affidavit
							 via _____________________ [facsimile/e-mail] within 30 days of the date of the
							 depositions to which this certification applies. I further certify that I have
							 received the required schedule of all charges and other disclosures from the
							 Court Reporting Firm in connection with this certification and acknowledge my
							 obligation to maintain the schedule for a minimum of three years.
I have read and confirmed that the language of
							 the certification affidavit conforms with the form promulgated by the CSR
							 Board. I have listed below or on additional pages, if necessary, the name and
							 contact information for each taking attorney.
_________________ ________________
Signature Date
__________________ ________________
Printed Name LA CCR NO.
Taking Attorney
							 Name:______________________________
Firm
							 Name:_______________________________________
Address: _________________________________________
							 _________________________________________
Phone: ____________ Email:
							 ________________