Proposed Rules Archives

CR 30(b)(1) - Depositions Upon Oral Examination - Notice of Examination: General Requirements; Special Notice; Nonstenographic Recording; Production of Documents and Things; Deposition of Organization; Video Tape Recording


GR 9 COVER SHEET

Suggested Change to CIVIL RULE 30(b)(1)

    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 practice of cost shifting has become widespread in the court reporting industry, with court reporting companies increasingly entering into contractual relationships with parties, insurance companies, and law firms to provide court reporting services at a "volume discount." To offset the revenue lost from these discounts, the court reporting firms routinely charge non-contract parties higher than average rates for transcription services. For instance, a party that has contracted with the court reporting company for a volume discount receives the original transcript and one copy of the same at the agreed upon discounted price. The other party or parties, who do not have contractual relationships with the court reporting company, are then charged higher rates for the second or third copies of the transcript. Thus, court reporting firms are providing transcription services to parties involved in the same lawsuit on unequal terms, As a result, the contracting party receives more favorable treatment by the court reporting company. The party that has not noticed the deposition is usually unaware of the contract's existence, the terms involved, or the benefits that the party may be receiving at its expense.

      The proposed amendment to CR 30(b)(1) would require the deposition notice to disclose the existence of any known contractual relationships between, on the one hand, the noticing party, its counsel, and any person paying for the court reporting services at issue and, on the other hand, the court reporter or court reporting firm providing the reporting services.

    D. Hearing: WCRA requests a hearing.

    E. Expedited Consideration: WCRA requests expedited consideration.

 

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