Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 2861

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to state certified court reporters.

Brief Description: Adding state certified court reporters to the list of persons authorized to administer oaths and affirmations.

Sponsors: Representatives Rodne, Pedersen and Wallace.

Brief Summary of Bill

  • Authorizes state certified court reporters to administer oaths and affirmations and take testimony.

Hearing Date: 1/28/10

Staff: Edie Adams (786-7180).

Background:

A court reporter is a person whose occupation is to make a verbatim written record of spoken or recorded speech. Court reporters are used to document the official record and produce official transcripts of court proceedings, administrative hearings, depositions, and other proceedings.

Court reporters are required to be certified in order to operate in Washington. The Department of Licensing is responsible for the certification and regulation of court reporters, including regulating the standards of professional practice for court reporters and requirements for transcript preparation. To be certified in Washington, a court reporter must meet certain standards and either: pass the state certification examination; or have a certification or registration designation from the National Court Reporters Association or the National Stenomask Verbatim Reporters Association.

Court reporters often have to administer oaths or affirmations, e.g., when documenting the record for a deposition taken in connection with a court proceeding. Court reporters, however, are not currently included in a state statute that designates who is authorized to administer oaths and affirmations and take testimony. Under this statute, persons authorized to administer oaths and affirmations and take testimony are: a judge, clerk of the court, or notary public.

Summary of Bill:

State certified court reporters are authorized to administer oaths and affirmations and take testimony in actions or proceedings.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.