IN RE PROPOSED AMENDMENT OF MCR 8.108, 459 Mich. 1207 (1998)

PROPOSED AMENDMENT OF MCR 8.108.

Supreme Court of Michigan.
October 19, 1998.

Order Entered October 19, 1998:

On order of the Court, this is to advise that the Court is considering amendment of Rule 8.108 of the Michigan Court Rules. Before determining whether the proposals should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives.

As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.

[The present language would be amended as indicated below:]

RULE 8.108. COURT REPORTERS AND RECORDERS AND COURT REPORTINGFirms.

(A) Scope of Rule. This rule prescribes the duties of courtreporters and recorders, the procedure for certifying them, theeffect of noncertification, objections to certification, anddisplay requirements.
(1) Court Reporters and Recorders. Subrules (A) through (G) andsubrule (I) apply to court reporters and recorders and prescribethe duties of court reporters and recorders, the procedure forcertifying them, the effect of noncertification, objections tocertification, and display requirements.

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(2) Court Reporting Firms. Subrules (H) and (I) apply to courtreporting firms as defined in MCL 600.1490(1)(b); MSA 27A.1490(1)(b).

(B) — (F) [Unchanged.]

(G) Certification.

(1) — (5) [Unchanged.]

(6) Renewal, Review, and Revocation of Certification.

(a) Certifications under this rule must be renewed annually byregistering with the State Court Administrative Office on a formadopted by the State Court Administrative Office. The fee for renewal is $30. Renewal applications must be filed by August 1. A renewal application filed after that date must be accompanied by an additional late fee of $30. The board may require certified reporters and recorders to submit, as a condition of renewal, such information as the board reasonably deems necessary to determine that the reporter or recorder has used his or her reporting or recording skills during the preceding year. Failureof freelance reporters and recorders to register with the StateCourt Administrative Office in accordance with this rule and MCL600.1492(2); MSA 27A.1492(2) may result in an administrativefine not to exceed $500 as prescribed by MCL 600.1492(2); MSA27A.1492(2) and shall be cause for refusal of the State CourtAdministrator or the Board of Review to issue renewalcertificates; wilful violation of MCL 600.1492(2); MSA 27A.1492(2)shall be grounds for discipline, censure, or suspension orrevocation of certification as a Michigan certified courtreporter, court recorder, or stenomask reporter.
(H) Court Reporting Firms.
(1) Applicability of Rules; Registration.
Rules applicable to court reporters and court recorders areapplicable to court reporting firms and the court reporters andrecorders they employ. All court reporting firms, as defined byMCL 600.1490(1)(b); MSA 27A.1490(1)(b) and includingout-of-state court reporting firms, shall be certified by registeringwith the State Court Administrative Office. Firms shall registerby completing a form adopted by the State Court AdministrativeOffice. Upon receipt of the application, the State CourtAdministrative Office shall assign an identification number toeach firm registered.
(2) Failure to Register; Sanctions.
(a) Failure to register with the State Court AdministrativeOffice in accordance with this rule and MCL 600.1492(2); MSA27A.1492(2) may result in an administrative fine not to exceed$500 as prescribed by MCL 600.1492(2); MSA 27A.1492(2).
(b) Failure to pay an administrative fine imposed pursuant tothis rule and MCL 600.1492(2); MSA 27A.1492(2) will result insuspension or revocation of certification as a Michigan certifiedcourt reporting firm.
(c) Wilful violation of MCL 600.1492(2); MSA 27A.1492(2)shall be grounds for suspension or revocation of certification asa Michigan certified court reporting firm.
(3) Effect of Suspension or Revocation of Firm on CourtReporters and Recorders.

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The suspension or revocation of certification of a courtreporting firm shall be grounds for the suspension or revocationof the certification of court reporters or recorders employed bythat firm.
(I) Additional Duties and Responsibilities of Court Reporters,Court Recorders, and Court Reporting and Recording Firms.
Court reporters, recorders, and stenomask reporters who recordor prepare transcripts of proceedings held in Michigan courts orof depositions taken in Michigan pursuant to these rules mustobserve court rules and statutes relating to procedures fortaking testimony in court proceedings or depositions taken inMichigan pursuant to these rules. Violations of the provisions ofsuch rules and statutes shall be grounds for discipline orsuspension or revocation of certification pursuant to this rule.Violations of the provisions of such rules and statutes by acourt reporter, recorder, or stenomask reporter employed by acourt reporting firm shall be grounds for suspension orrevocation of the certification of the court reporting firm, orfor imposition of sanctions pursuant to subrule (H).
Staff Comment: The amendments of MCR 8.108 incorporate statutory requirements prescribed by 1998 PA 249, effective July 10, 1998.

The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.

Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in its present form. Timely comments will be substantively considered and your assistance is appreciated by the Court.

A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court Clerk within 30 days after it is published in the Michigan Bar Journal. When filing a comment, please refer to our file number 98-40.