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I took my first job under my own agency and don't you know, I ran into an unusual situation.
The defendant's attorney hired me. She has original a "sealed original."
The plaintiff's attorney has now also requested a "sealed original." I explained to her that the defendant's attorney has already ordered one; however, she still wants one. I also mentioned that there would be an additional charge for it and she agreed.
I'm now in a quandry trying to figure out how much to charge for this second sealed original. Do I charge the same fee as the original, or do I charge half of the original fee, or do I just set a flat rate for this second sealed original?
I appreciate your feedback on this!
Faith Pitino
Pitino Court Reporting, Inc.
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What state are you in? There shouldn't be 2 originals, thus the word "original"!!!
You can do a certified copy with an original signature, but the only reason I've ever heard of a second original is when the first is lost!
I believe you need to find out the rules in your state....I've been reporting for 35 years and that is why there is an "Original"!! You don't give out more originals, you do "Certified Copies"!
You should know what you're doing before you start doing business with lawyers....you need to know the laws that govern your licence in your state!
Check with friends with more experience before you endeavor on producing 2 originals.
Good Luck....
There are laws for each state governing what you do with the sealed original. It isn't something the attorneys 'order' willy nilly. Perhaps the attorneys mean something else (attorneys love making stuff up to demand of you and completely waste your time trying to figure out), and you might want to contact the first attorney to see what he/she actually meant. You should also definitely check your codes and laws for your state.
When I first started reporting in Calif, you sealed the original after corrections had a chance to go in and then the reporting firm held onto it until it would be requested if the case went to trial. This was a storage and retrieval pain for the reporting firm, but was the code nevertheless.
Then they changed it so that the sealed original was released to the noticing attorney after a period of time in which the witness was given the chance to send in corrections. I believe it was 30 days.
There was only one original, obviously.
Some attorneys in some state or areas will attempt to 'relieve' the reporter of his/her duties and ask that something else be done with the original. This is typically an attempt to get a free copy for the attorney. I have always refused any of these kind offers by the attorneys and politely told them I am required under code to do such-and-such and am not willing to have them stipulate that away. I carry the little code booklet with me and have more than once pulled it out. A mere waving of it as I spoke has always been enough to convince the attorneys that there is no need to argue further with me. Normally I don't even have to pull it out, but it's nice to have it when you need it to back yourself up.
I stamp the original with a stamp that says "Original" and I stamp copies with a stamp that says "Copy." All the transcripts have my cert page in them. I don't personally feel the need to have a stamp that says "Certified Copy."
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