Proposed Rules Archives

• Proposed Changes to CR 28 (e) - Persons Before Whom Depositions may be Taken - Final Certification of the Transcript (in Word Format)
• Comments Received for CR 28 (e) - Persons Before Whom Depositions may be Taken - Final Certification of the Transcript

A. Name of Proponent: Washington Court Reporters Association

B. Spokespersons:

• Steve Crandall, Esq.
  WCRA Past President
  2200 Sixth Avenue, Suite 425
  Seattle, Washington 98136
  206.938.0348
  steve@promotionarts.com
• Phyllis Craver Lykken, CCR
  WCRA Past President
  Legislative Chair
  NCRA Past Regional Representative, Western Region
  917 Triple Crown Way, Suite 200
  Yakima, Washington 98908
  509.457.3377
  phyllis@centralcourtreporting.com

C. Purpose:

The purpose of amending CR 28 to add a new subsection, (e), as proposed, is to prevent a court reporting firm, consortium, or other organization transmitting a court reporter's certified transcript from altering the format, layout, or content of the transcript after it has been certified.

In recent years some reporting agencies - particularly national firms - have altered the format, layout, and/or content of certified deposition transcripts in order to increase the total number of pages. The reason for this is that parties ordering deposition transcripts are typically charged a per-page fee for transcription services. Thus, a court reporting agency that alters the format of a deposition transcript to increase the number of pages generates a higher fee from the ordering party. To facilitate this practice, court reporting agencies frequently request signed certification pages from local court reporters without first allowing the reporters to review and to approve the final formatted transcript.

This abusive practice has prompted the Washington State Department of Licensing to issue "standards of practice guidelines" for court reporters, which expressly advise court reporters to review the final version of a formatted transcript before signing the certification sheet and to avoid signing blank certification sheets. See Exhibit A. To add "teeth" to the State Department of Licensing's guidelines, WCRA proposes adding a new subsection to CR 28 that would clarify the local court reporter's duties in certifying a deposition transcript and prevent any court reporting firm, consortium, or other organization transmitting a court reporter's certified transcript from altering a deposition transcript in any way after it has been certified.

D. Hearing: WCRA requests a hearing.

E. Expedited Consideration: WCRA requests expedited consideration.

F. Supporting Materials:

• Exhibit A - Washington State Department of Licensing's Standards of practice guidelines: Court reporters.
• Exhibit B - Affiliate Transcript Production and Distribution Guidelines.
• Exhibit C - Letter, dated October 13, 2015, from Byers & Anderson regarding change to formatting after deposition transcript was certified.
• Exhibit D - Published opinion in Candy Singleton v. Naegeli Reporting Corporation, No. 35234-6-II, Washington State Court of Appeals, Division Two; Class Action Complaint.