NCRA wants its members to have as much information as possible on topics that affect their professional lives. The Key Issues Area was developed to allow easy access for members to explore many of these issues. The menu on the left provides background on each subject, links to additional information or sources for further research, and NCRA contacts for any questions or concerns.
Attorney Responsibility for Fees
The issue of who's responsible for the bill - the attorney or the attorney's client - has dogged the reporting profession for decades. Traditionally, courts have held that the attorney is an agent and thus is not personally liable for contracts made on behalf of a principal unless there is an express agreement to the contrary. However, in recent years, courts have been following a modified view of this maxim. If the attorney does not disclaim responsibility, he or she is viewed as the principal because the attorney controls the litigation. In addition to the primary argument of a modified agency theory, custom and usage have also been mentioned in various court rulings that favor reporters.
Blue Ribbon Commission on Voice Technology
Demonstrations of CART and captioning using voice recognition technology and the knowledge that several stenographic CAT vendors have incorporated the technology into their CAT system software make it clear that things are developing quickly in the area of realtime voicewriting. The NCRA leadership strongly believes that it and the NCRA membership need a clear and solid understanding of the true state of the art in voice realtime.
California deposition fee case
A California appeals court in May 2008 ruled that lower state courts have the ability to intervene in instances where the non-notifying party claims it is being charged excessively for court reporting services.
Certification
The goal of all certification programs is to raise the level of competence and professionalism of the practitioners in the industry. For the individual practitioner, certification provides a specific road map of the knowledge and skills needed in order to meet minimum standards of qualification, as well as an independent validation of competence that reporters can use to distinguish themselves in the market. There is clearly a public stake in the competent performance of reporters and, in some cases; life and liberty rely on the record.
Contracting
Litigants, other participants in the judicial system, and the general public expect that depositions and court proceedings be recorded by a competent, independent and neutral court reporter who has no stake, financial or otherwise, in the outcome of the action. Prohibiting parties of interest in litigation from having a direct contractual relationship with court reporters, as officers of the court, is necessary to ensure the public's faith in the integrity and impartiality of the judicial system.
Electronic/Digital Recording
Because of budget crunches, several courts are exploring the use of electronic recording systems to either supplement or replace stenographic reporters. Although electronic recording may be used in certain environments, such as courts that do not have frequent transcript requests, realtime court reporters, often described as "Guardians of the Record," remain the most reliable and accurate method of making the record.
Engate/LiveNote Realtime Patents
Engate filed suit in 2002 against several reporting firms over numerous patent claims. A majority of those claims related to interactive realtime, where the attorney can annotate, mark, issue code or otherwise manipulate the content of the court reporter's realtime feed. The case ended in December 2006, when a federal appellate court ruled in favor of the remaining two defendants. Shortly thereafter, LiveNote Inc. announced that is has acquired Engate and its entire portfolio of realtime patents.
Fair Labor Standards Act
In 1995, NCRA gained passage of the Court Reporter Fair Labor Amendments (Public Law 104-26), creating an exemption for official court reporters from the overtime provisions of the Fair Labor Standards Act when preparing transcripts. In brief, the law clarifies that time spent by official court reporters preparing transcripts for a per-page fee during off hours are not considered "hours worked" for the court as governed by the FLSA.
Employee/Contractor Status
Eighty-seven percent of the freelance reporters answering the question on NCRA's Sourcebook update form indicate they are independent contractors. A reporter's status as an employee or an independent contractor has important ramifications for the individual and for the agency(ies) for which he or she works, both at the practical level and the technical level with regard to the Internal Revenue Service.
Read and Sign Requirements
Rule 30(e) of the Federal Rules of Civil Procedure concerns the reading and signing of a transcript by a witness in a federal case. Many states base their rules on the federal rules of civil procedure but add stipulations of their own.
Repetitive Stress Injuries
Generally, RSIs affect individuals who perform repetitive tasks. RSIs may be caused by overexertion, incorrect posture, muscle fatigue, compression of nerves or tissue, too many uninterrupted repetitions of an activity or motion, or friction caused by an unnatural or awkward motion such as twisting the arm or wrist.
Small Business Health Plans
NCRA has been supporting and actively lobbying for legislation that would expand the availability of health coverage for employees of America's small businesses. A bill introduced in the last Congress would have allowed employers to join together through associations such as NCRA to buy health coverage. The SBHPs or Association Health Plans (AHP) would offer small businesses, whether a firm owner or independent contractor, buying power similar to what big business currently enjoy. That particular bill did not pass, but NCRA continues to work with like-minded groups to encourage the 110th Congress to enact a solution.
Student Shortage
To combat the issue of student shortages and to respond to the increasing demand for reporters who are realtime trained, NCRA has taken a multifaceted hands-on approach to advancing education for court reporters. NCRA's efforts have led to a dramatic improvement, with student enrollment increasing almost 38 percent at NCRA-approved programs after an almost decade-long decline in enrollment.
Telephone Depositions
Telephone depositions are a common occurrence for many court reporters. Some of the problems associated with telephone depositions - not being able to hear the witness, garbled speech, poor phone connections, and several participants who all sound alike and don't identify themselves - all make an already challenging assignment more difficult.
Unauthorized Copying of Transcripts
The Federal Rules of Civil Procedure, specifically rule 30(f)(2), gives the court reporter in a federal case the right to charge a reasonable fee for a copy of the transcript. However, other sections of the FRCP assign custody of the transcript to the noticing attorney, thus undermining the notion of a property right on the part of the reporter in the transcript. Each state has its own rules of procedure, so reporters should thoroughly research what applies in their states.