Section 485.077

Title XXXII COURTS

Chapter 485

Effective - 28 Aug 2007, 3 histories, see footnote   (history) 

  485.077.  Certification of official court reporters required — depositions not prepared by certified reporters, admissibility, expiration. — 1. No judge of any court in this state shall appoint an official court reporter who is not a court reporter certified by the board of certified court reporter examiners, as provided in Supreme Court Rule 14. In the absence of an official court reporter due to illness, physical incapacity, death, dismissal or resignation, a judge may appoint a temporary court reporter, but such temporary court reporter shall not serve more than six months without obtaining a certificate pursuant to the provisions of Supreme Court Rule 14.

  2. No testimony taken in this state by deposition shall be given in any court in this state, and no record on appeal from an administrative agency of this state shall include testimony taken in this state by deposition, unless the deposition is prepared and certified by a certified court reporter, except as provided in Supreme Court Rule 57.03(c).

  3. Deposition testimony taken outside the state shall be deemed to be in conformity with this section if the testimony was prepared and certified by a court reporter authorized to prepare and certify deposition testimony in the jurisdiction in which the testimony was taken.

  4. This section shall not apply to depositions taken in this state in connection with cases not pending in a Missouri state court or administrative agency at the time the deposition was taken.

  *5. A deposition prepared by a person who is not a certified court reporter may be used to give testimony in any court in this state under the following circumstances:

  (1) All parties must consent in writing to using an uncertified court reporter prior to the deposition. Such consent shall be filed as a memo with the court no later than seven days prior to the date of the deposition unless the time is shortened by the court;

  (2) All parties involved in any cause of action wherein the deposition is to be used certify by their signatures or by the signatures of their attorneys that such deposition is a true and correct copy of the testimony given;

  (3) The uncertified court reporter shall state on the record that he or she is an uncertified court reporter appearing by consent of the parties;

  (4) The uncertified court reporter shall keep a voice recording of the deposition for two years. Upon written request by a party, a copy of the voice recording shall be provided to the requesting party within fourteen days;

  (5) The uncertified court reporter shall have made application for the certified court reporter examination and shall have paid all required application fees;

  (6) The notice of deposition shall contain a statement that an uncertified court reporter will be used. Such statement shall be in bold fourteen typeface on the notice; and

  (7) An uncertified court reporter granted privileges under this subsection shall be deemed operating under a temporary certificate.

  6. The provisions of subsection 5 of this section shall expire on December 31, 2012.

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(L. 2001 S.B. 267 § 476.365, A.L. 2007 S.B. 163)

*Subsection 5 of this section expires 12-31-12.