Digital Court Reporting
What Is Digital Court Reporting?
Although the use of digital court reporting has been around for decades, advancements in technology now allow us to capture depositions in this manner. The digital court reporter uses state-of-the-art recording equipment to record the proceedings, with no fewer than two (2) audio backups, a laptop, audio mixer, and software to identify speakers and keep notes throughout the proceedings. Not only is the volume and quality of the audio continuously monitored by the digital court reporter, the digital court reporter is also taking extensive simultaneous notes of the proceedings. These digital annotations are time-linked to the corresponding audio, allowing for quick and easy access for “readbacks,” or playbacks by the digital court reporter.
The taking attorney, witness, and defending attorney are equipped with Lavalier microphones. Each is assigned to a separate sound channel. An omnidirectional microphone is also placed on the conference room table and is assigned its own separate channel.
The digital court reporter is trained to listen to each and every word of the proceedings, just like the stenographer. If there is cross-talk, a noise that prohibits a speaker from being heard, or an issue with one of the microphones that prevents crystal-clear audio, the digital court reporter is trained to interrupt the proceedings. It is not necessary for the digital court reporter to stop the proceedings in the event of rapid speech, so long as the audio is clear.
Digital court reporters do not transcribe proceedings by any method (written symbols; abbreviations in shorthand; machine shorthand writing; or by voice writing) and are instead taking targeted and selected notes of the key aspects of the proceeding.
Sample Notice
This deposition will be recorded by stenographic, voice, and/or audio/video means. The [Plaintiff/Defendant] reserves the right to conduct this deposition via videoconference. If the deposition officer or witness is attending remotely, the parties agree to the remote administration of oath.
Contact our team if you need further assistance with notice language
Why is there a need to use digital court reporters when there are stenographic reporters available?
There is a critical shortage of stenographic reporters across the nation. In 2013, the National Court Reporters Association commissioned a report on the impact of the shortage to the profession and to the industry. The Court Reporting Industry Outlook Report, published by Ducker Worldwide, concluded that the demand for court reporters would exceed supply within five years (2018); that nationwide, an additional 5,500 stenographic court reporters would be needed to fill the void. However, enrollment at stenographic schools continues to decline, resulting in fewer professionals entering the field and making it harder and harder to meet the growing demand. Additionally, these numbers do not take into account the many stenographic court reporters that have retired and will continue to retire.
A release published by the Superior Courts of California in November 2022 highlights the stenographer shortage that only continues to worsen, and also urges the state to review its statutory framework to find a solution to the shortage. Digital court reporting is one such solution that can supplement that supply of stenographic reporters to meet the demands of the legal industry at this critical juncture.
What is a digital court reporter?
A digital court reporter is a court reporter. Digital court reporters use state-of-the-art audio recording devices, along with software to identify speakers and log notes throughout the proceedings.
Who administers the oath?
As an officer of the court and notary, the digital court reporter is authorized to swear in the witness.
Will the digital court reporter clarify spellings to ensure the accuracy of the record?
The digital court reporter, no differently than a stenographic reporter, will request spellings during a break or at the conclusion of the proceedings.
How are the proceedings transcribed?
The audio file, as well as the simultaneous notes from the digital court reporter, are sent to transcribers; that is, experienced stenographic reporters or experienced legal transcriptionists.
Digital court reporters do not transcribe proceedings by any method (written symbols; abbreviations in shorthand; machine shorthand writing; or by voice writing) and are instead taking targeted and selected notes of the key aspects of the proceeding.
Can a rough transcript be ordered if the proceeding is covered by a digital court reporter?
Yes, you may order a rough transcript from a digital court reporter, though the turnaround time is longer due to the fact that the transcription must still take place following the proceeding. A rough will be prepared using a team of transcriptionists to expedite delivery.
The state in which I practice requires the use of a Certified Shorthand Reporter. Considering the shortage, how can I be assured that a court reporter is available for my case?
Most states allow for alternative technology in the event a stenographic reporter is unavailable, provided there is notice and/or stipulation by counsel. The best course is to include in future notices the option of using alternative technology if a stenographic reporter is unavailable. This will alert counsel to the fact and can be agreed upon prior to the deposition. Sample language for your notice is available at the top of this page.
Who marks and manages the exhibits?
The digital court reporter handles the exhibits no differently than the stenographic reporter, including marking, managing, and tracking custody.
Do I give my transcript order to the digital court reporter?
Yes. The digital court reporter is knowledgeable about the services available to you and will be happy to note your order. If you have a question that the digital court reporter is unable to answer, they will let the office know, and we will call you with the answer.
If it is a stenographic reporter who transcribes the proceedings, why aren’t they just assigned to the proceedings in the first place?
Remember, a digital court reporter is being used because no stenographic reporter was available to cover your proceedings. Transcription by experienced court reporters is available today for a number of reasons, including those who have retired from active reporting and who choose to supplement their income using their skill sets; those living in high-traffic metropolitan areas who choose to work from home using their skill sets; those who need to work from home due to family obligations; and also those who live in rural areas where reporting work is not plentiful.
A digital court reporter does not offer realtime, correct?
That’s correct, a digital court reporter is unable to provide realtime. If you plan to use realtime, please continue to alert our Scheduling team so that a skilled realtime reporter will be assigned to your case.
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