The Iowa Supreme Court has strengthened the state's exclusive third-party contracting restrictions by amending Iowa Rule of Civil Procedure 1.713, which will go into effect on July 1, 2003. Iowa is the 28th state to take action on third-party contracting.
The amendment adds language that prohibits an ".officer taking the deposition, or any other person with whom such officer has a principal and agency relationship" from entering into an agreement for reporting services which
(a) requires the court reporter to relinquish control of an original deposition and copies before it is certified and delivered to the custodial attorney,
(b) requires the court reporter to provide special financial terms or other services that are not offered at the same time or on the same terms to all other parties, or
(c) gives an exclusive monetary or other advantage to any party.
The amendment also provides for discplinary action by the Board of Examiners of Shorthand Reporters should it become necessary, such as revoking or suspending a certificate or imposing other disciplinary actions.
The Iowa Court Reporters Association should be applauded for fighting hard to gain passage of this rule change through the Supreme Court.
Hopefully, Iowa's success will motivate other states working on the issue of exclusive third-party contracts to continue their efforts.
NEW IOWA CONTRACTING LANGUAGE
Reprinted from NCRA's web site at NCRAONLINE.ORG
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