Court Reporters: Preserving Accurate Records for Legal Proceedings

1. Sponsored by the National Court Reporters Foundation Presented by Your name and contact info

2. Attorneys make the record – court reporters preserve it Reporters are impartial officers of the court Importance of an accurate record Preservation for courtroom proceedings Record on appeal

3. Realtime transcript feed display Live feed from reporter Your case issues Auto tagging of key words Issue highlights “Quick marks” for later review Reporters with Realtime technology – Delivered to your laptop in “Realtime”

4. Overview of methods for capturing a record Goal is that all on-the-record spoken words are converted to text. Three current methods in use; Shorthand Reportercaptures spoken content on a stenographic machine. Converted to text through a CAT system during proceedings. Voice ReporterVerballyrepeats all spoken content during proceedings. Converted to text through a VR system. ▪ Both have available realtime display of text as Reporter captures the record. Digital Audio Recordingtext not available prior to transcription. Speaker identification and content accuracy dependent on quality of audio recording.

5. Tips for making the deposition record Preparation and scheduling Provide notice of deposition Duration of deposition Alert the reporting firm to special reporting needs Required delivery time / regular or expedited Specify format for final transcript Preferred skill level of the reporter / type of case Advise ASAP if depo cancels

6. To obtain the best record – before the first question Consider room layout and size Provide caption for court reporter Give business card to reporter (and videographer) Location of court reporter is critical to ensure proper record (must hear testimony) Marking exhibits during the deposition and/or premarking exhibits Introduce parties to the reporter Inform your witness of reporter duties

7. To obtain the best record – after the first question It must be in the record to count Indicate your stipulations Make the introduction count Speak clearly and at well-modulated pace Reporters write what is said, not what is done (i.e., not gestures) Clearly speak your objections Wait until your opponent is finished objecting before responding Let the witness finish before your next question

8. To obtain the best record – after the first question Encourage your witness to wait until you’re finished before answering Take breaks There are no pictures in transcripts—describe actions Preserve any electronic marking that witnesses make on exhibits Be precise when using numbers Spell names and geographical locations

9. To obtain the best record – after the first question Prevent confusion in the transcript Avoid repeating answers unless there’s a specific need (i.e., accents) Avoid uttering “Yes,” “Okay,” “I see” Directions can prove difficult for some; better to say, “Heading into town,” or “toward Baltimore” rather than east, north, etc. Tailor your language to the witness, keeping questions simple and straight What may be English to you may be Greek to the reporter

10. To obtain the best record – after the first question Learn how to argue “correctly” on the record Establish what “off the record” means Be clear when you are quoting Clarify the use of pronouns Watch out for distractions, such as clicking pens Be aware of confidential and sensitive materials There are no blanks in the transcripts to be filled in later

11. To obtain the best record – after the last answer • Clearly indicate your ordering instructions • Know the local practice for who is responsible for the original transcript and copies for counsel, etc. • Be responsive when the reporter contacts you for clarifications

12. To obtain the best record – after you’ve read the transcript • If you feel there is a problem with the testimony or the conduct of the reporter, contact the owner of the reporting firm and let them know your concerns • The only way a firm can address a problem is if they know about it

13. How to get the most out of a reporting firm • Research what services the agency can offer • Internet website of reporting agency • Telephone call direct to local agency office • Know what services you need

14. Know Your Technology • Realtime Technology • Equipment and software needed • Learn how to enhance your realtime record • Realtime to remote locations ▪ Connection to internet in deposition • Dial-up or high-speed • Wireless credentials ▪ Anticipate firewall issues • Rough draft vs. certified records • Changes may include spelling, page numbers, line numbers and total number of pages

15. Know Your Technology • Realtime Technology • View, annotate and digest testimony as it is being transcribed in “real time.” This advanced delivery is only available when you order: • A Court Reporter capable of realtime • And request a connection from the court reporter to your laptop Example of live feed from your reporter Your case issues Auto tagging of key words Issue highlights “Quick marks” for later review

16. Litigation Support • Time saving value-add services available from your reporter • Synchronizing video and/or audio • Scanned exhibits ▪ With deposition exhibit stickers • Linking exhibits to transcript file ▪ Know your preferred transcript management software • Trial Presentation compatible formats ▪ Know your preferred trial presentation software ▪ Acceptable file formats delivered • Scanned exhibits • Video • Audio

17. Checklist- • Did you… • Send the notice to the court reporter (email is perfect)? • Indicate the type of testimony? • Indicate special delivery requirements? • Indicate the approximate duration? • Indicate special requirements (videotape, video conferencing, realtime, etc.)? • Indicate the preferred skill level of the reporter? • Indicate your preference for going green (i.e., receive transcripts, invoices & statement electronically)? • Receive a confirmation from the court reporter the day before the deposition?

18. Questions?