Text: HF00715 Text: HF00717 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 602.6405, Code 1999, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 3. If a party to the proceeding so 1 4 requests, a magistrate shall cause a trial before the 1 5 magistrate which is not reported by a certified court reporter 1 6 to be electronically recorded, if equipment to electronically 1 7 record the trial is available. 1 8 Sec. 2. Section 631.11, subsection 3, Code 1999, is 1 9 amended to read as follows: 1 10 3. RECORD. Upon the trial, the judicial magistrate shall 1 11 make detailed minutes of the testimony of each witness and 1 12 append the exhibits or copies thereof to the record. The 1 13 proceedings upon trial shall not be reported by a certified 1 14 court reporter, unless the party provides the reporter at such 1 15 party's expense.TheIf the proceedings are not reported by a 1 16 certified court reporter, the magistrate, in the magistrate's1 17discretion, may, upon the request of a party to the 1 18 proceeding, shall cause the proceedings upon trial to be 1 19reportedrecorded electronically. If the proceedings are1 20being electronically recorded, if equipment to electronically 1 21 record the proceedings is available, and both parties shall be 1 22 notified in advance of that recording. If the proceedings 1 23 have beenreportedrecorded electronically the recording shall 1 24 be retained under the jurisdiction of the magistrate unless 1 25 appealed, and upon appeal shall be transcribed only by a 1 26 person designated by the court under the supervision of the 1 27 magistrate. 1 28 EXPLANATION 1 29 This bill provides that, if a party to the proceeding so 1 30 requests, all trials before a magistrate, which are not 1 31 reported by a certified court reporter, shall be 1 32 electronically recorded, and the recordings maintained, 1 33 pursuant to rules prescribed by the supreme court. The bill 1 34 makes changes to the provisions governing small claims actions 1 35 by requiring the proceedings to be recorded electronically if 2 1 a party so requests and no court reporter is used. In both 2 2 instances, the requirement to electronically record a 2 3 proceeding shall not apply if equipment to electronically 2 4 record the proceedings is not available. 2 5 LSB 2204HV 78 2 6 ec/jw/5
Text: HF00715 Text: HF00717 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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