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Attorney Responsible for Stenographic Services
Though the perseverance of NYSCRA’s lobbyist, Davidoff, Malito & Hutcher LLP, NYSCRA’s Board, especially the Legislative Committee General Business Law 399-cc was passed. The statute’s intent to make the attorney responsible for the stenographic costs. This statute originally effective November 15, 2005 was amended effective July 26, 2006 and provides:
Notwithstanding any provision of law to the contrary, when an attorney of record orders or requests either orally or in writing that a stenographic record be made of any judicial proceeding, deposition, statement or interview of a party in a proceeding or of a witness related to such proceeding, it shall be the responsibility of such attorney to pay for the services and costs of such record except where: 1. Payment is otherwise provided by law or where the attorney is providing representation through a not-for-profit provider of criminal or civil legal services; or 2. The attorney expressly disclaims responsibility for payment of the stenographic service or record in writing at the time the attorney orders or requests that the record be made.