March 2014 FAQs Re Amendment

 

Q. With the new Amendment, is contracting still prohibited under 24-9-136?
A. Yes.

Q. Is the stipulation to be used on all jobs?
A. No.  A waiver/stipulation is only used when attorneys seek to stipulate to waive a conflict of interest.

Q.  How is the stipulation in the new Amendment different than stipulation provision in current law?
A.  To use a stipulation to waive conflicts of interest, under the new Amendment it must be presented to all parties by the noticing attorney, not the court reporter, under the timeline in Rule 30 (which is 5 days in county, 7 days out of county,  30 days if requesting documents), and must be signed by all parties no later than 48 hours prior to the deposition.  If the written stipulation is not signed by all parties, then the conflict cannot be waived.  Also, the stipulation requires that any discounts offered must be provided to all parties, and the signed  stipulation must be attached to the transcript.   

Q. Why is the new Amendment necessary?
A.  At the end of this legislative session, all bills and amendments die and would have to be filed again at the next session, or later, and the process starts over.  The passage of the new Amendment will strengthen our current bill.

Q.  Why is transcript formatting in Amendment?
A.  Transcript formatting will protect the consumer/party to a lawsuit from padding/reformatting used by contracting parties.  The playing field will be level for all LCRs in Tennessee.

Q.  With the new Amendment, are transcripts voidable?  
A.  With the new Amendment the transcript of the legal proceeding shall be deemed void and ineligible for admission into a court of law or for use or submission in any legal or administrative proceeding, unless admitted by the court or administrative officer upon motion by any party.

 

The preceding discussion and answers to questions is furnished as a service of the Tennessee Court Reporters Association to its members for informational purposes only. Discussions and opinions and responses to questions do not constitute legal advice on the topics discussed and no attorney/client relationship is created or implied by such discussion. All questions are presumed to be hypothetical in nature. As in all cases presenting issues of legal significance, the reader should seek competent legal advice from his/her attorney when appropriate. The Tennessee Court Reporters Association and providers of these answers and discussion do not assume responsibility for the accuracy or completeness of responses given or discussions of the issues.
 

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