Maine Revised Statutes Title 4 Sec. 773 – Prohibited actions
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A court reporter or court reporting services provider may not: [PL 2013, c. 298, §1 (NEW).]
1. Contract. Enter into an oral or written contractual agreement with an attorney, party to an action, insurance company or 3rd-party administrator or any other person or entity that has a financial interest in the case, action or legal proceeding, other than a contract to provide court reporting, litigation and trial support services;
[PL 2013, c. 298, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 4 Sec. 773
- 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 Maine Rules of Civil Procedure, Rule 30 and provides prompt preparation of an accurate, verbatim written transcript. See Maine Revised Statutes Title 4 Sec. 771
- Court reporting services: means services provided by a court reporter. See Maine Revised Statutes Title 4 Sec. 771
- Court reporting services provider: means a business, entity or firm that provides or arranges for court reporting services. See Maine Revised Statutes Title 4 Sec. 771
- Legal proceeding: means a proceeding or series of proceedings by which a legal judgment is invoked and includes but is not limited to:
A. See Maine Revised Statutes Title 4 Sec. 771Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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. See Maine Revised Statutes Title 4 Sec. 771 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.
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;
[PL 2013, c. 298, §1 (NEW).]
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;
[PL 2013, c. 298, §1 (NEW).]
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;
[PL 2013, c. 298, §1 (NEW).]
5. 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
[PL 2013, c. 298, §1 (NEW).]
6. Interference with services. Enter into a contract for court reporting services that allows an attorney, party to an action, insurance company or 3rd-party administrator or any other person or entity to interfere with a court reporter’s right to deal directly with all parties to a proceeding, including any provision in a contract that restricts the right of the court reporter to contract with the other parties in a legal proceeding to provide transcripts to those parties.
[PL 2013, c. 298, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 298, §1 (NEW).