Legal Transcript

LEGAL TRANSCRIPT

Client Name:    Court Reporter Name:

Court Name:    Case Title:

Case Number:    Date(s) of Proceeding:    Location:

RECITALS

WHEREAS, Requesting Party has requested preparation of a verbatim transcript of the proceeding referenced above for use in connection with the litigation identified by Case Number: ; and

WHEREAS, Court Reporter is a duly authorized and certified reporter or transcription service retained to transcribe the official record of said proceeding and to certify the accuracy and completeness of the transcript; and

WHEREAS, the parties desire to set forth the terms under which the transcript shall be prepared, certified, delivered, corrected and retained.

NOW, THEREFORE

In consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, "Transcript" means the verbatim record transcribed from the audio, stenographic notes or electronic media of the proceeding identified above, including all exhibits marked and received into evidence unless otherwise specified in writing.

2. SCOPE OF TRANSCRIPTION

Court Reporter shall prepare and deliver a complete Transcript consisting of all testimony, proceedings, proceedings' colloquy, and notation of exhibits admitted or identified on the record for the date(s) specified above. Reporter shall indicate in the Transcript the total number of pages prepared:

3. CERTIFICATION

Court Reporter represents and warrants that the Transcript will be a true, complete and accurate transcription of the official record to the best of Reporter’s ability and, if requested below, will include the Reporter’s official certification language and signature. Reporter certification requested:   Yes

4. DELIVERY; FORMAT; EXPEDITED SERVICE

Delivery format requested (select applicable):   PDF   Native Word / ASCII   Hard Copy

Expedited delivery requested:   Expedited   If expedited, turnaround:

5. FEES AND PAYMENT

Requesting Party shall pay Reporter the following fees: Base transcript fee: $; Per-page rate for additional pages: $.

Payment terms: Payment due within days of invoice. Past due balances accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

6. CORRECTIONS; ERRATA

Requesting Party may submit proposed corrections (errata) to the Transcript within days after delivery. Corrections shall be limited to typographical errors and transcription errors that do not alter the substance of testimony. Reporter shall review proposed errata and, if accepted, shall prepare an errata sheet signed and dated by the party submitting the errata and by the Reporter identifying the corrected pages and lines.

7. CONFIDENTIALITY

The parties acknowledge that certain portions of the Transcript may be designated confidential by court order or by agreement. Reporter will not disclose any portion of the Transcript subject to a protective order except as authorized by that order or by written consent of the parties.

8. RETENTION AND ORIGINALS

Reporter will retain original notes, stenographic records and electronic media for a period of from the date of delivery, unless otherwise required by law. Upon expiration of the retention period, Reporter may destroy such originals without further notice.

9. NOTICES

All notices given under this Agreement must be in writing and shall be delivered to the addresses provided below. Notice to Requesting Party:

10. REMEDIES; LIMITATION OF LIABILITY

In the event of negligent error or omission in the Transcript, Reporter's sole obligation shall be to correct any proven transcription error at no additional cost. Except for a failure to deliver a certified transcript as agreed, Reporter shall not be liable for consequential, incidental, or punitive damages, and Requesting Party's remedies shall be limited to the fees paid for the Transcript.

11. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the substantive laws of the state where the proceeding occurred, without regard to its conflict of law principles. Venue for any action arising under this Agreement shall be the courts of the county in which the proceeding occurred.

12. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and understandings. If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain in full force and effect. Any amendment or waiver must be in writing and signed by both parties.

ADDITIONAL RECORDS

CERTIFICATION LANGUAGE (TO BE INSERTED IN TRANSCRIPT)

The following certification shall appear on the Transcript when certification is requested: "I hereby certify that the foregoing is a true and correct transcript of the proceedings in the above-entitled matter to the best of my knowledge and ability, and that the transcript contains a complete and accurate record of the testimony and proceedings. Signature of Reporter: _______________________ Date: _______________________"

MISCELLANEOUS

Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Waiver: The failure of either party to enforce any right shall not be deemed a waiver of that right.

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