codes module, part i civil, evidence, government, and labor codes

CODES MODULE, PART I

CIVIL, EVIDENCE, GOVERNMENT, AND LABOR

CODES

CIVIL CODE

54.8 Hard-of-Hearing Persons

A party who is hearing impaired may request an assistive listening system or computer-aided transcription system in any civil or criminal proceeding, in any court-ordered hearing, or in any administrative hearing of a public agency.

Notice shall be given when the hearing is set or at least 5 days in advance to the appropriate court or agency.

Assistive listening systems may include personal receivers, headphones, and neck loops.

If computer-aided transcription is requested, a display terminal shall be provided.

A hearing-impaired juror must be provided with an assistive listening system or computer-aided transcription in the jury room using a court reporter.

No proceedings shall take place at all until the requested assistance is in place and functioning.

Questions on Civil Code1. An example of realtime would be

A. a transcript prepared and delivered in a timely manner, according to the provisions set forth

B. the original transcript; copies are not acceptable

C. a hearing-impaired person reading the transcript on a display terminal during the proceedings

D. the reporter being paid according to how much time it took to produce the transcript

Answer: C

2. When a party to the action is hearing impaired and requests realtime, which proceedings may take place before the realtime is available?

A. jury impanelmentB. opening statementsC. hearing on motion to dismissD. no proceedings may take place

Answer: D

3. In a civil or criminal hearing where any party or participant is hearing impaired, that party must request a functioning assistive listening system or computer-aided transcription system

A. as soon as the hearing beginsB. 5 days before the hearingC. 10 days before the hearingD. 30 days before the hearing

Answer: B

True or False

1. If a juror is hearing impaired, a court reporter may be requested to be present in the jury deliberating room to operate a computer-aided transcript system for that juror for the duration of the deliberations.

True

2. A hearing-impaired defendant shall be provided with a functioning assistive listening system or computer-aided transcription except in small claims or traffic court.

False

3. A computer-aided transcription system or assistive listening system shall be provided for a hearing-impaired juror.

True

4. Juvenile court proceedings are exempted from Rule 54.8.

False

5. An individual may be disqualified from jury service because he has a hearing loss.

False

EVIDENCE CODE

760 Direct Examination

“Direct examination” is the first examination of a witness upon a matter that is not within the scope of a previous examination of the witness.

761 Cross-Examination

“Cross-examination” is the examination of a witness by a party other than the direct examiner upon a matter that is within the scope of the direct examination of the witness.

762 Redirect Examination

“Redirect examination” is the examination of a witness by the direct examiner subsequent to the cross-examination of the witness.The term also applies to any subsequent re-examination of the witness by the direct examiner.

763 Recross-Examination

“Recross-examination” is an examination of a witness by a cross-examiner subsequent to a redirect examination of the witness.

772 Order of ExaminationDirect ExaminationCross-Examination

Redirect ExaminationRecross-Examination

Any subsequent examinations are “Redirect Examination” and “Recross-Examination.”Ordinarily, each phase of the examination must be concluded before the succeeding phase begins.

A cross-examination, redirect examination, or recross-examination may be interrupted to reopen direct examination of a witness with the permission of the court.A defendant in a criminal action may not be examined under direct examination by another party.

774 Reexamination

A witness cannot be reexamined about the same matter.

However, he may be reexamined as to any new matter.

It is left up to the court’s discretion.

775 Examination by the Court

The court may call witnesses and examine them.

The parties may object to the questions and evidence adduced.

The witnesses may be cross-examined by all parties.

776 Examining Adverse Witnesses

A party or other person may be called and examined as if under cross-examination by any adverse party at any time during the presentation of evidence by the party calling the witness.

Certification of Copy for Evidence

Whenever a copy of a writing is attested or certified, the attestation or certification must state in substance that the copy is a correct copy of the original.

1550 Photographic Copies

A photostatic, microfilm, microcard, miniature photographic or other photographic copy or reproduction or enlargement of a writing is admissible as the writing itself if the copy was made and preserved as part of the business’ records in the regular course of business.

The introduction of the copy does not preclude admission of the original writing if it is still in existence.

The court may require the introduction of a hard copy printout of the document.

1551 When Original is Lost

A print from a photographic film of an original writing destroyed afterwards is admissible, if the person under whose control and direction the print was made certifies, in compliance with Section 1531, that it was, in fact, under his direction and control.

1561 Affidavit Accompanying Records

The affidavit must state:The affiant is the custodian of the records and has the authority to certify them

The copy is a true copy of the subpoenaed records

The records were prepared in the ordinary course of business

The identity of the records

How the records were prepared

If the records or only part of them are available, the affidavit must so state that fact.

In addition, if the records are delivered to an attorney or deposition officer for copying, there must also be an affidavit from the attorney or deposition officer stating the records are a true copy of all the records delivered for copying.

1562 Admissibility of Affidavit

If the original records would be admissible in evidence if the custodian had been present, the copy of the records is admissible in evidence.The affidavit is admissible as evidence pursuant to Section 1561 and is presumed to be true.

Questions on Evidence Code

1. Place in chronological order:A. cross-examinationB. recross-examinationC. redirect examinationD. direct examination

Direct examination, cross-examination, redirect examination,

recross-examination

2. Under what section of the Evidence Code is an adverse witness called?

Section 776

3. __________ __________ is the first examination of a witness upon a matter that is not within the scope of a previous examination of the witness.

Direct examination

4. Cross-examination is the examination of a witness by a party other than the direct (A) __________ upon a matter that is within the (B) __________ of the direct examination of the witness.

(A) examiner(B) scope

5. Redirect examination is an examination of a witness by the direct examiner subsequent to the _______________ of the witness.

cross-examination

6. Recross-examination is an examination of a witness by a cross-examiner subsequent to a __________ examination of the witness.

redirect

7. The scope of the cross-examination is limited to the subject matter of the __________ _________.

direct examination

8. The scope of the redirect examination is limited to the subject matter of the _________ __________.

cross-examination

9. The scope of the recross-examination is limited to the subject matter of the ______________.

redirect examination

Multiple Choice

1. An attorney’s cross-examination is limited to

A. impeaching the witnessB. the scope of the direct examinationC. voir dire of an expert witnessD. only by relevancy

Answer: B

2. Redirect examination followsA. cross-examinationB. direct examinationC. recross-examinationD. voir dire examination

Answer: A

True or False

1. If subpoenaed records are delivered to the reporter, the records shall be accompanied by the reporter’s affidavit that the copy is a true copy of the records delivered.

True

2. A custodian of records must provide an affidavit that the copy made by the reporter is true and correct.

False

GOVERNMENT CODE

11522 Reinstatement of License

or Reduction of PenaltyA person whose license has been revoked or suspended must wait a year before petitioning the agency for reinstatement or reduction of penalty.If petitioned, the agency will notify the Attorney General.

Both the Attorney General and the petitioner will have the chance to present arguments before the agency.

The agency itself shall decide the petition, give the reasons supporting the decision, and outline the terms required for reinstatement.

69944 Disqualification for

Failure to Transcribe Notes

A reporter shall be deemed “incompetent” to act as official reporter if he does not file the transcript of a case on appeal within the allowed time.

69945 Personal Attention to Duties

The official reporter may not neglect his official duties due to employment elsewhere and must attend to the duties of his office in person.If, however, the reporter has been excused by the court, another reporter may be appointed to fill in.

69946 Oath of Office

The official reporter of any court shall take and subscribe the constitutional oath of office before performing any duties.

69950 Transcript Fee

The fee for the original is $0.85 per each 100 words.For each copy for the party buying the original at the same time is $0.15 per each 100 words.The fee for a first copy to any other person is $0.20 for each 100 words.Each additional copy made at the same time is $0.15 per each 100 words.

100 words = 1 folio

69951 Daily Copy Service

In civil cases, the reporter may charge an additional 50 percent for special daily copy service.

69952 Verbatim Records; County

PaymentThe county will pay for a verbatim record in the following cases:

Criminal mattersJuvenile proceedingsProceedings to declare a minor free from custodyProceedings under the Lanterman-Petris-Short Act of Division 5 of the Welfare and Institutions CodeAs otherwise provided by law

A reporter pro tempore will be paid as an official reporter plus traveling expenses.If a daily transcript is ordered, the county will pay for two court reporters.If only one reporter is preparing the daily transcript, an additional fee may be imposed to cover additional expenses, not to exceed the cost of two court reporters.

69953 Verbatim RecordPayment by Parties

The parties to an action will pay for the cost of a verbatim record when the record is not made pursuant to Section 69952.The cost may be split equally, or one party may pay the whole cost.The fees for transcripts and copies shall be paid by the party ordering them.No transcription shall be done until the fee has been deposited with the clerk of the court or with the reporter.

69953.5 Daily Transcript FeeMore than One

ReporterWhen a daily transcript is ordered in a civil case requiring the services of more than one reporter, the party requesting the daily transcript will pay for the pro tempore reporter for as long as the daily transcripts are ordered.

69954 Transcript Compensation

Prepared with Computer AssistanceIf the transcript is delivered on a non-

paper medium, the court reporter will be compensated at the same rate as a paper transcript plus the cost of the medium.The fee for a second copy of a transcript on appeal in computer-readable format is 1/3 the rate set forth for a second copy of a transcript as provided in Section 69950, plus the cost of the medium.

The fee for a computer-readable transcript shall be paid for by the party requesting it.If the computer-readable transcript is in lieu of the paper transcript, the fee is the same as for a paper transcript.A party who has purchased a transcript may reproduce a copy or portion for use as an exhibit, pursuant to court order, or for internal use. No other copying is allowed.

69955 Notes as Official Records (a)

“Reporting notes” are the reporting notes of all court reporters employed to report in the courts of California.They are official records of the court.They shall be kept in a place designated by the court or delivered to the clerk of the court.

69955 Notes as Official Records (b)

The notes may be kept in any form, including paper, electronic, or magnetic media or other technology capable of reproducing the testimony of the proceedings.Notes shall be stored in an environment free from excessive moisture, temperature variation, and electromagnetic fields.

69955 Notes as Official Records (c)

The notes shall be labeled with the date recorded, the department number of the court, and the name of the court reporter.They shall be indexed for retrieval.Instructions for accessing non-paper notes shall be included.

69955 Notes as Official Records (d)

Non-paper notes must be backed up twice and stored in a manner and place that reasonably assures its preservation.

69955 Notes as Official Records (e)

Reporting notes may be destroyed after 10 years in criminal proceedings and after 5 years in all other proceedings.However, capital felony case notes, including the preliminary hearing, may not be destroyed until the Supreme Court authorizes the destruction.

69955 Notes as Official Records (f)

A periodic review of the media on which the notes are stored shall be conducted to make sure the storage medium is not obsolete and that current technology is capable of accessing the notes for the required retention period.

69955 Notes as Official Records (g)

The notes will be delivered to the clerk of the court when the reporter stops working at the court or when he takes more than a 30-day absence, if they are not already there.The notes will be returned to the reporter when he returns to work.If the reporter dies, the notes must be delivered to the clerk of the court.

69955 Notes as Official Records (h)

If the notes delivered to the clerk of the court are to be transcribed, the court reporter who took the notes shall be given the first opportunity to make the transcription, unless he is unavailable.

69955 Notes as Official Records (I)

The court reporter shall be reimbursed for the actual cost of the medium on which the notes are kept.

72194.5 Electronic Recordation

Court Reporter Not AvailableThe court may order the

proceedings be electronically recorded in a limited civil case, a misdemeanor or an infraction case.The court shall assign reporters first to report preliminary hearings and then to other hearings.

A transcript derived from an electronic recording may be utilized whenever a court transcript is required.The electronic recording device and other equipment shall be of a type approved by the Judicial Council for courtroom use.

72195 Municipal Court Reporters

Sections 69942 to 69955, inclusive of this code, and Section 273 of the Code of Civil Procedure apply as well to official reporters in municipal courts, except that the pay is $55 a day, or any fraction thereof.

Questions on Government Code

1. The fee for transcription for original ribbon copy is how much per 100 words?

A. 60 centsB. 65 centsC. 85 centsD. 75 cents

Answer: C

2. The fee for each copy for the party buying the original made at the same time is how much?

A. 10 centsB. 15 centsC. 20 centsD. 25 cents

Answer: B

3. The fee for a first copy to any person not buying the original shall be

A. 10 centsB. 15 centsC. 20 centsD. 25 cents

Answer: C

4. The fee for each additional copy after the first to any person not buying the original shall be

A. 10 centsB. 15 centsC. 20 centsD. 25 cents

Answer: B

5. For transcription of daily copy in civil cases, the reporter may charge an additional

A. $100B. 25 percentC. 50 percentD. 100 percent

Answer: C

6. The reporting notes are official records of the court if made by

A. official court reportersB. pro tempore court reportersC. neither A nor BD. both A and B

Answer: D

7. The reporter’s notes shall beA. stored at the reporter’s discretionB. destroyed by the reporter after one

yearC. kept by the reporter at a place

designated by the courtD. delivered to the clerk of the court as

soon as each case is completed Answer: C

8. The reporter’s notes shall be delivered to the clerk of the court

A. as soon as each case is completedB. within 10 days if the defendant is

held to answerC. if the reporter intends to be absent

for more than 30 daysD. at the conclusion of each day’s

session Answer: C

9. If a reporter dies, his personal representative shall deliver the reporter’s notes to

A. the presiding judgeB. the clerk of the courtC. the moving party in each caseD. the judge in whose court the

reporter was assigned

Answer: B

10. Reporter’s notes in criminal cases may not be destroyed until how long from the taking of the notes?

A. one yearB. three yearsC. five yearsD. ten years

Answer: D

11. If the reporting notes which have been delivered to the clerk of the court are to be transcribed, who would have the first opportunity to transcribe them?

A. the court reporter who took the notesB. the court reporter currently assigned to

the court in which the notes were takenC. the court reporter so appointed by the Los

Angeles County Superior Court Reporters Ass’n

D. a court reporter appointed by the executive officer of the Supreme Court

Answer: A

12. If the reporting notes are kept in any form other than paper

A. the medium shall be sanctioned by the judge

B. the clerk shall take immediate possession of the notes

C. one duplicate backup copy of the notes shall be kept

D. approval of the judicial council is necessary

Answer: C

13. Any electronic recording device used in court shall be of a type approved by the

A. California Bar AssociationB. Los Angeles General Court Reporters

AssociationC. California Electronic Recording

CouncilD. Judicial Council

Answer: D

14. When a reporter’s license has been suspended,

A. he must take the next examination after a period of one year

B. he will be automatically scheduled to take the next CSR examination

C. after five years he may apply for reinstatement

D. he may petition the agency for reinstatement after one year

Answer: D

15. In a criminal trial, payment to the court reporter shall be made by

A. the countyB. the defendantC. both parties equallyD. the court

Answer: A

16. If a license has been revoked and the licensee petitions for reinstatement, action on the petition is decided by

A. the attorney generalB. a municipal magistrateC. the agency which revoked it

Answer: C

17. In a civil proceeding, payments for transcripts and copies shall be made by

A. the plaintiffB. the defendantC. both parties equallyD. the county

Answer: C

True or False

1. The court may order that a civil action be electronically recorded when a court reporter is not available.

True

2. The court may order that a misdemeanor criminal proceeding be electronically recorded when a court reporter is not available.

True

3. When an official reporter fails to file a transcript when it is due, he is not competent to act as official reporter in any court.

True

4. A reporter pro tempore may be appointed to cover a court when the official reporter is ill.

True

5. Reporters may set their own fees for computer-assisted transcripts.

False

6. The fee for a computer-assisted transcript shall not exceed the cost of a paper transcript.

False

7. Once a party has purchased a computer-aided transcript, that party owns the transcript and may sell it to any other person or party.

False

8. A single reporter using technology can triple the normal charges for daily copy.

False

9. The party requesting daily copy in a civil case shall pay a required second reporter the regular per diem rate.

True

LABOR CODE

5710 Depositions (a)

A deposition may be ordered by the appeals board, a workers’ compensation judge, or any party to the action.Depositions may be in state or out of state, when taken before any officer authorized to administer oaths.Attendance of witnesses and production of records may be required.

5710 Depositions (b)

When the employer or insurance carrier requests a deposition be taken, the deponent is entitled to receive:

All reasonable transportation expenses, meals and lodging incident to the depositionReimbursement for lost wagesA copy of the transcript without costA reasonable allowance for attorney’s fees for the deponent paid for by the employer or insurer.

Questions on Labor Code

1. A deposition in a workers’ compensation case

A. cannot be taken until the timely request is approved by the workers’ compensation judge

B. is taken before a three-member panelC. must be taken within the state of

CaliforniaD. is to be taken in the same manner as

other civil depositionsAnswer: D

2. An injured party whose deposition is taken by his employer is not entitled to

A. reasonable reimbursement for loss of wages during any hospitalization

B. a copy of the deposition transcript without cost

C. reasonable expenses of meals incident to the deposition

D. reasonable expenses of transportation incident to the deposition

Answer: A

True or False

1. It is not necessary to be a CSR to take a deposition in a workers’ compensation case.

False

2. The reasonable cost of a deponent’s attorney’s fees shall be paid by the state of California Workers’ Compensation Board.

False

3. The production of records may be required in a deposition in a workers’ compensation.

True