Text: HF00715                           Text: HF00717
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 716

Partial Bill History

Bill Text

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.  The If the proceedings are not reported by a
  1 16 certified court reporter, the magistrate, in the magistrate's
  1 17 discretion, may, upon the request of a party to the
  1 18 proceeding, shall cause the proceedings upon trial to be
  1 19 reported recorded electronically.  If the proceedings are
  1 20 being 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 been reported recorded 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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