January 28, 1997




96-15



Amendment of MCR 8.108 
_______________________________________


     On order of the Court, notice of a proposed amendment having
been provided, and consideration having been given to the
comments received in response to that notice, the following
amendment to Rule 8.108 of the Michigan Court Rules is adopted,
effective as to depositions taken on or after January 1, 1998.

ICLE Editor's Note:

The present language is amended as indicated below:



Rule 8.108 Court Reporters and Recorders

(A)  Scope of Rule.  This rule prescribes the duties of court
     reporters and recorders, [and] the procedure
     for certifying them, the effect of noncertification,
     objections to certification, and display requirements.

(B) - (F)  [Unchanged.]

(G)  Certification.

     (1)  Certification Requirement.  

          (a)  Except as provided in this subrule,
               [O]only reporters or recorders
               certified pursuant to this subrule may record or
               prepare [file] transcripts of
               proceedings held in Michigan courts or of
               depositions taken in Michigan pursuant to these
               rules.  This rule applies to the preparation of
               transcripts of videotaped courtroom proceedings or
               videotaped or audiotaped depositions, but not to
               the recording of such proceedings or depositions
               by means of videotaping.  A recorder holding a
               CEO certification under subrule (G)(7)(b) may
               record proceedings but may not prepare [or
               file] transcripts.  

          (b)  Proceedings held pursuant to MCR 6.102 or 6.104
               need not be recorded by persons certified under
               this rule; however, transcripts of such
               proceedings must be prepared [and filed] by
               court reporters or recorders certified pursuant to
               this rule.

          (c)    An indigent party who is represented by a
                    nonprofit legal aid program providing free
                    civil legal services to the indigent may use
                    persons who are not certified pursuant to
                    this rule to transcribe and file depositions
                    taken by videotaping or audiotaping.  Such
                    depositions shall be otherwise prepared and
                    certified in accordance with this rule.

          (d)     Any person who acts in the capacity
                         of a court reporter or recorder shall
                         not maintain an action in the courts of
                         this state for the collection of
                         compensation for the performance of an
                         act for which certification is required
                         by this rule without alleging and
                         proving that the person was certified
                         under this rule at the time of the
                         performance of the act.  "Person" refers
                         to both individuals and the entity or
                         entities for which a court reporter or
                         recorder performs services.

          (e)     Any other court rule notwithstanding,
                         an objection to the status of a court
                         reporter's or recorder's certification
                         or lack thereof must be placed on the
                         record at the outset of the court
                         proceeding or deposition or that
                         objection is waived.  If the objection
                         is waived, the use of transcripts of the
                         court proceeding or deposition for any
                         purpose provided in these rules shall be
                         allowed.

          (f)     Prior to the beginning of any
                         deposition taken under these rules, the
                         court reporter or recorder must display
                         to all counsel initially present, and to
                         each other person attending the
                         deposition who is not represented by
                         counsel, proof that the reporter or
                         recorder has been certified as required
                         by this rule.  Proof of such
                         certification, by certification number,
                         shall also be displayed on the title
                         page and certificate page of each court
                         and deposition transcript and on the
                         stationery and business cards, if any,
                         of each court reporter or recorder
                         required to be certified by this
                         rule.

     (2) - (7)  [Unchanged.]



     Cavanagh, J.  I dissent for the reason that most states have
a statutory basis, some exclusively, for the certification and
regulation of court reporters.  Further, many of those states
requiring certification make no provision regarding freelance
reporters and the taking of depositions.  To my knowledge,
Michigan is unique in its regulation of this profession by a
stand-alone court rule.  Because of this, I am not inclined to
extend the Court's regulation of this profession to situations
outside the courtroom.  The State Bar Board of Commissioners'
recent opposition to our expanding the present certification
requirements reinforces my reluctance to do so.


STAFF COMMENT:  The January 28, 1997, amendment of
MCR 8.108(G)(1) provides that only reporters and recorders
certified by the Court Reporting and Recording Board of Review
may record and prepare transcripts of depositions taken in
Michigan pursuant to the Michigan Court Rules.  The requirement
does not apply to the videotaping of depositions, however.



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