74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 292
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to court reporting; creating new provisions; and
amending ORS 8.340.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 8.340 is amended to read:
8.340. (1) It { - shall be - } { + is + } the duty of each
official reporter of the circuit court, justice court or
municipal court to attend the court for which the reporter is
appointed at such times as the judge or justice of the peace may
direct.
(2) A circuit court reporter shall be appointed under a
personnel plan established by the Chief Justice of the Supreme
Court. Reporters for a justice or municipal court are not subject
to this subsection.
(3) A reporter is an officer of the court in which the reporter
serves and of any court to which an appeal is made whenever the
reporter has recorded the proceedings that are the subject of the
appeal.
(4) Upon the trial or hearing of any cause, the judge or
justice of the peace upon the motion of the judge or justice of
the peace may, and upon the request of either party shall, order
a report of the proceedings { - , in which case - } { + . + }
The reporter shall, in the manner provided in subsection (5) of
this section, make a report of the oral testimony and other
proceedings of the trial or hearing to the extent required by the
court or by the requesting party.
(5) When a report is required, the reporter shall:
(a) Take accurate notes by shorthand or by means of a
mechanical or electronic typing device; or
(b) Make audio records pursuant to policies and procedures
established by the State Court Administrator.
(6) The notes or audio records of the { - reporter - }
{ + official reporter or a reporter providing services under
subsection (7) of this section + } shall be filed in the office
of the clerk of the court subject to the provisions of ORS 7.120
and except as provided in ORS 19.385.
{ - (7) Except in the ninth or tenth judicial district, in
any circuit court proceeding where the trial court regularly uses
audio reporting techniques, any party may, with reasonable notice
Enrolled Senate Bill 292 (SB 292-A) Page 1
to the trial court and at that party's expense, arrange for the
reporting of the proceeding by stenographic means. - }
{ + (7)(a) In any circuit court proceeding in which the court
uses audio recording or video recording, any party may, with
reasonable notice to the trial court, arrange for the reporting
of the proceeding by stenographic means. A reporter providing
stenographic reporting services under this paragraph shall be
certified in shorthand reporting under ORS 8.415 to 8.455 or by a
nationally recognized certification program. The party arranging
for reporting of the proceeding by stenographic means must
provide the court with the name of the reporter and an address
and telephone number where the reporter may be contacted.
(b) If all parties to the proceedings agree, the stenographic
reporting of the proceedings by a reporter arranged for by a
party may be used by the parties during the proceedings.
(c) + } { - When alternative stenographic reporting
occurs - } { + If all parties to the proceedings agree, the
stenographic reporting of the proceedings by a reporter arranged
for by a party is the official record of the proceedings for the
purpose of a transcript on appeal. For all other purposes + },
the official record of the proceedings shall be the record
produced by the reporting technique { - regularly - } used by
the court, unless otherwise ordered by the court.
{ + (d) Unless other parties agree to pay all or part of the
cost of the reporter, the party arranging for the reporting of
the proceeding by stenographic means under this subsection must
pay all costs of the reporter and the cost of providing copies of
the transcript to the court. + }
SECTION 2. { + The amendments to ORS 8.340 by section 1 of
this 2007 Act apply only to court proceedings conducted on or
after the effective date of this 2007 Act. + }
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Passed by Senate April 4, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 30, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 292 (SB 292-A) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 292 (SB 292-A) Page 3