News From Planet Depos

By Suzanne Quinson

Litigation is expensive, and few clients are of the “money is no object” mentality, so finding ways to save them money is imperative. Below are six tips for reducing court reporting costs:

1. Go paperless! Hardbound transcripts incur additional expenses. Go green and save your client’s green with electronic delivery.
2. Need to schedule international depositions? Discounted pricing may be available when you book multiple days of depositions.
3. Another possibility to reduce costs for international depositions: schedule with an agency that has court reporters and videographers on the ground in multiple continents, reducing or even eliminating travel fees.
4. Consider a videoconference, or even a mobile videoconference! If you don’t need to attend in person, this can be an enormous money-saver, so give it some thought.
5. Confidential subject material? Designate confidential portions at the deposition to receive both full and redacted files at no additional cost!
6. Need a conference room? It’s possible the agency will have a complimentary conference room you can use for the deposition, so don’t forget to ask!

Contact your court reporting agency for more money- and time-saving tips. They can appreciate the value of time and money to you and your clients and can provide more information on cost-effective solutions.

For more information, or to schedule with Planet Depos, call 888.433.3767 or email us at scheduling@planetdepos.com.

So, you’re going remote with your depositions, and you want to make sure they are the next best thing to in-person? With proper preparation, there’s no reason to worry that your remote deposition will be any less effective than the typical deposition with everyone in the same room. Here are some tips to set you up for remote deposition success.

Know the notary rules! Remote depositions are a common occurrence in these days when technology reigns king. Even before the COVID-19 pandemic, many states updated notary rules and handbooks to match a more technology-forward economy. States such as Virginia for example, allow e-notaries to administer oaths virtually, no matter the location of the witness. Other states such as Texas and Florida have approved emergency orders that allow for the remote administration of oaths.

To ensure a smooth deposition and make sure that the oath’s validity is not objected to later, you should understand oath requirements on a state-by-state basis. Additionally, for states that do not allow the remote administration of oaths, we have seen attorneys make stipulations that protect the integrity of the oath that ensures everyone is on the same page.

Get techy! Now is the time to unleash the mind-boggling powers of technology. High-quality videoconferences are non-negotiable, and these are readily available nowadays. Your court reporting agency can answer all your questions about the technology involved and set you up for a smooth connection to your witness, court reporter, and opposing counsel.

Remote deposition software provides a unified and secure virtual conferencing service – replacing the need for multiple platforms for voice, chat, and video. Your agency’s technician will run a test prior to the deposition, with each connecting party, to confirm compatibility between each party’s equipment (laptop, iPad, etc.) and the videoconference software. That same expert technician can monitor the connection throughout the proceeding to ensure everyone attending the virtual deposition does so without interruption.

Know the available extras. Know which ones you want. Do you want realtime streaming? This can be of immense benefit in any deposition, but especially a virtual deposition! Are you interested in electronic exhibits? You will be able to pull up exhibits on your connecting device to share with all parties. Don’t underestimate the capabilities of a remote deposition! Check with the reporting agency to make sure you get the most from your online deposition.

Planet Depos has been connecting attorneys to remote depositions for over a decade, and all over the world. To get more information on remote depos, or to schedule with the experts, contact scheduling@planetdepos.com or schedule online.

What is a deposition? 

Deposition (law)

A deposition is the act of taking sworn testimony whereby litigants obtain information from each other in preparation for trial.

Here are some instructions for your witness to follow during a deposition:

A court reporter is present and begins the proceedings by administering the same oath or affirmation that the deponent would take if the testimony were being given in court in front of a judge and jury.

The chief value of a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence so that a “level playing field” is achieved and surprise (traditionally regarded as an unfair tactic) is avoided at time of trial. Another benefit of deposition is to preserve a witness’s recollection while it is still fresh, though the trial may still be some time later. In the event a witness is unavailable for trial, his deposition testimony may be read before the jury and made part of the record in the case, with the same legal force as live testimony.

1. Tell the truth. Never vary from this rule. You can be truthful and tell the truth in a way that helps. You can be truthful and say it in a way that hurts. Think through your answers to the issues in the lawsuit thoroughly. Do it beforehand. As a witness you are sworn to tell the truth, and you must do so. No one, not your employer or your attorney, is telling you otherwise.
2. Resist the temptation to be helpful, to volunteer information or to become the teacher. Remember this is not the time or place for putting on your case. Just answer the question that is asked! Then stop and wait until the next question. The most frequent mistake made is volunteering information. Don’t! Just answer the question and then stop!
3. Remember your personal behavior and personality will be scrutinized by the opposing attorney. Speak clearly and slowly.
4. Dress appropriately and get adequate rest beforehand. A good night’s sleep is vital. Have your lawyer answer your questions about the deposition before it begins and when you have privacy.
5. Be confident, not cocky. Make sure your attorney has answered any important questions in your mind about the deposition procedure before it begins.
6. Be precise. If you cannot be reasonably precise, just admit you do not know the answer. Don’t guess. It is okay to say, “I don’t know the answer,” to the question.
7. Be polite but firm. Relax. Don’t feel compelled to speak just because there is a long silence.
8. Don’t attempt to persuade the opposing lawyer that we’re right and his client is wrong. He just wants to win his case. The more information you volunteer to him, the better informed he is.
9. Don’t anticipate the questions. Do not interrupt the question or improve the question so as to remove problems with the question.
10.  Listen to the question, not the tone with which it is asked. The opposing attorney may attempt to provoke you deliberately as a tactic. He may hide a particularly nasty or tricky question in a soft voice and a soothing manner.
11. Listen to any objection by your lawyer but understand your lawyer cannot use objections to “coach” you how to answer the question.
12. Be sure you understand the question. Do not answer the question if it purports to summarize your opinions or your earlier testimony but is inaccurate, even if only slightly so. Don’t answer the question if you don’t understand it. Tell him you don’t understand the question. State that the summary of your testimony contained in the question is wrong. The attorney can ask you “loaded” inaccurate questions. You have to be alert to the misstatements in the questions. Pay particular attention to questions that begin with “don’t you agree” or “isn’t it true”.
13. Take time to think about the question and your answer. Don’t fix his question. If it is poorly worded, don’t say: “Are you asking me this?” and then proceed to fix his question. If the question is “broke,” don’t fix it.
14. If you are given a document, always read it entirely before answering. Continue to refer to it when answering any question about a document. You are entitled to a copy when answering. Do not answer a question about a document without the “complete” document in front of you.
15. Complete your answers, even if the attorney interrupts you.
16. Do not make promises or offer to make drawings, do calculations, collect documents, or conduct research, or pledge to do so. If requested, tell the opposing attorney to discuss that with your attorney after the deposition.
17. Correct any prior answers if you decide your previous statement was incorrect or inaccurate.
18. Never lose your temper even if provoked. This may well be a “test.” Don’t lash out.
19. Do not assume false facts. If it is not so, insist it is not so. Answer such a question only if your attorney tells you to answer.
20. Do not play lawyer.
21. Do not argue. Just stand on your position. If you are asked essentially the same question several times, give exactly the same answer each time. Often, this is a tactic to get you to change the answer you gave which the attorney does not like. Instead, if you are asked the very same question you just answered. Just say: “Same question, same answer.” When he asks the same question again, give him the same answer again.
22. Testify from your own knowledge only unless hearsay is specifically requested.
23. Accept responsibility for your and your employer’s actions, procedures, and decisions. Do not retreat just because you are under attack.
24. Never guess or estimate. If you don’t know the answer, the correct response is “I don’t know.” Don’t constantly use hedge words such as “it’s just my opinion,” or “I’m, not sure.” Overuse of hedge words gives the impression you don’t know what you are talking about.
25. There may be times when you cannot remember an answer. Do not be afraid to say that you do not remember the answer at this time.
26. Speak clearly and avoid non-verbal answers (such as head nods) so the court reporter can accurately record your response.
27. If one of the lawyers makes an objection, stop and wait until the lawyers are finished. Do not be distracted by their arguments with each other but listen to what they say. Be aware that your lawyer has very limited authority to instruct you not to answer a question, especially in federal court.
28. Do not hesitate to ask for a break if you need one, or if you wish to seek legal advice from your counsel. Any comments you made during the break heard by the opposing attorney likely will result in you being questioned about the comment after the break. If he asks you after the break if your lawyer told you how to answer the question, tell him no! Don’t go too long without a break. Try to take a short walk during the break. Splash water in your face in the restroom.
29. Do not think that you can end or shorten the ordeal of cross-examination by making concessions to the attorney questioning you. That will prolong the deposition. He will see you are willing to agree to “anything” in the mistaken belief that this will end the questioning.
30. Do not bring any notes or other materials to the deposition without the knowledge and advice of your attorney. Show your attorney what you have brought while you are out of the presence of others. Do it before the deposition begins.
31. Do not answer any hypothetical questions unless the question incorporates sufficient facts, circumstances, and conditions to allow a full and fair response. If it does not, just tell the opposing counsel there are not sufficient facts for you to form an opinion and answer under oath.
32. Insist that your attorney spend the necessary time to prepare you. Don’t wait until the last minute. Otherwise, an emergency can cut short the time necessary to prepare. Discuss candidly any potential problems or significant issues you are aware of with your attorney when preparing for the deposition.
33. You may consult with your attorney to determine whether a privilege should be asserted (federal court) or to seek legal advice. Your attorney cannot and will not “coach” you how to answer the question at a recess or break.
34. You are entitled to a complete copy, not a partial copy, of any document. If presented with a surprise document, you can take all the time you need to study before you answer any questions.
35. You are entitled to all the time you need if asked to for example, interpret statements made in competitor’s or other’s correspondence.
36. You should not agree to waive your signature on deposition. Insist upon your right to read and sign the deposition transcript before it is filed with the court. Correct any mistakes in the deposition transcript promptly after the testimony has been typed and bound. Review the transcribed deposition yourself as soon as possible for any corrections. You can discuss them with your attorney but, again, he can’t tell you how to answer or what to say in an errata sheet. Make notes on a separate sheet as you review the transcribed deposition. Take the time to think through your correction before making it on the errata sheet. It’s wise to do a draft and then come back to it. Your errata sheet can “correct’ any mistakes or incomplete answers you made but the original answer is not deleted from the deposition transcript. That is one reason preparation is so important.
37. After the deposition, if you recognize new matter or problems that weren’t recognized beforehand, bring these to your attorney’s attention.

If you’re a legal professional with an upcoming deposition, Planet Depos can help. Contact us at scheduling@planetdepos.com or 888.433.3767 for assistance with your next proceeding.

By Julia Alicandri

The College of Court Reporting once tweeted a comedic photo of a man with a huge smile, standing in front of a whiteboard with a senseless algorithm of letters and numbers on it, and the caption was “Trying to explain court reporting to pretty much anyone.” Similarly, I was talking to a friend about my position here at Planet Depos, and he was trying to understand the concept of the court reporting industry. He asked about seven or eight questions in a row, and it became quite difficult to explain it all. Some of the questions included:

Why do you need court reporters at all?

You need a professionally trained court reporter to record legal proceedings so that the verbatim record is preserved accurately and impartially. If someone isn’t there to document the proceeding, each side will present their own take on what was said.

Do court reporters work only in the courtroom?

In addition to official court reporters who are employed by the courts and work inside the courtroom, there are freelance court reporters who provide services through the discovery phase of litigation for depositions.

Why would an attorney schedule a videographer?

While the court reporter prepares a written record, the videographer will capture body language, intonation, facial expressions, and gestures that cannot be conveyed through the written record.

Why do attorneys need to hire freelance court reporters?

Can’t they just keep a reporter on their payroll? No. The court reporter is bound by a Code of Professional Ethics to serve as an impartial officer of the court who has no bias, financial or otherwise, in the outcome of the proceedings.

To learn more about court reporting, or to schedule a Planet Depos reporter or videographer, call us at 888.433.3767, or email us at scheduling@planetdepos.com.

Before the Deposition

• Determine the venue after verifying that the lighting, seating, heating, and air conditioning allow for good ventilation and visual conditions, and that photocopying and internet connections are available.
• Include the court reporting, videography, and interpreter firms in the Deposition Notice.
• Verify with the court reporting, videography, and interpreting firms that the Notice was received and the deposition calendared.
• Work with the court reporting firm’s Scheduling Department to arrange for:
  • Any changes in time or venue
  • Transcript delivery (regular or expedited)
  • Realtime connections, local or remote
  • A rough transcript, if needed
  • Legal videography services
  • Equipment rental (such as laptops, iPads, tablets, projection equipment, or screens)
• If the case is technical, provide a case-specific list of terms to the reporting firm so that the reporter may program those terms into his/her stenotype job dictionary.

At the Deposition

• Introduce yourself to the reporter and videographer and provide your business card.
• If you have exhibits to be introduced, consider providing them to the court reporter to be pre-marked before going on the record.
• Do not sit on the same side of the table as the witness, as it causes the witness to turn his/her back to the reporter.
• Remind the witness that “uh-huh’s” or “huh-uh’s” should be avoided, as they do not appear in the transcript as clearly positive or negative responses.

Before Leaving the Deposition Room

• Ask the court reporter if he/she has all of the spellings he/she needs.
• Verify the delivery timetable for the final transcript and synchronized video.
• Clarify who will be retaining the exhibits.
• If an order form is available, use it to ensure that your needs are met.
• If possible, give the court reporter a few minutes to briefly clean up the rough transcript before disconnecting the realtime feed.

Planet Depos has realtime certified court reporters, as well as highly skilled, trained videographers capable of providing you with top-tier reporting and videography services for all of your court reporting needs across the U.S. and around the world. Contact us at 888.433.3767 or scheduling@planetdepos.com.

By Neal Price

Retaining certified and highly experienced court reporters, legal videographers, and interpreters when taking depositions abroad will save money and ensure that the proceedings run smoothly. The following questions should be asked of your vendor before a commitment is made:

Is the team local, or do they need to travel to the location?

One of the first things to consider is whether or not the court reporter, videographer, and interpreter are local to the country in which the depositions are set to take place. If they are not local, will you be charged for airfare, hotel, meals, taxis, travel days and other expenses? Also, non-local teams can be affected by delays or cancellations of flights due to weather, mechanical issues and/or natural disasters.

Do the court reporter and videographer have back-up equipment?

Lost luggage is common and technical difficulties occur. It is of utmost importance that the reporter and videographer have a backup plan if any of their equipment malfunctions or is lost. If someone plugs in a power strip to an outlet overseas without the proper adapter, all of the connected equipment is subject to massive failure. There must be backup equipment close by just in case something like this should occur.  Trying to get a steno machine repaired in remote parts of Taiwan or Sweden is nearly impossible. Having to fly a replacement machine in could take two to three days.

Is the reporter able to provide accurate realtime involving technical terminology including Asian or European proper names and geographical terms, and do they specialize in realtiming complex intellectual property cases? Will they bring multiple laptops to the depositions for attorneys who have connectivity problems in Asia? It is very important for interpreters to also view the realtime feed to make sure that they are interpreting correctly and quickly catch mistakes. Can the reporter provide laptops to the interpreters to facilitate a smooth-flowing deposition?

All of these questions are very important when selecting a court reporter, videographer, and interpreter to cover your depositions abroad. In most cases, clients are very cost-sensitive, and issues that could have been avoided through proper planning and review can be very costly and time consuming. Finding a firm with years of expertise in covering international depositions, like Planet Depos, is paramount in the process.

For assistance with an upcoming international deposition, contact the experts at Planet Depos by emailing international@planetdepos.com or calling 888.433.3767.

By Brittany Davies

It’s finally time to enjoy those BBQs, beaches, and family vacations that summer brings! However, as we all take time out in the summer to relax and have fun, life doesn’t stop, especially for a litigation attorney. Taking the steps to ensure you can unwind and have fun during your vacation without having to worry about what’s going on back at the office takes time and preparation. Below are some tips and suggestions to make sure your summer is both fun and stress-free!

• Make sure all of your depositions are scheduled and ready to go before you leave for vacation. By using the Planet Depos’ online Schedule Now feature, or by calling, emailing or faxing our scheduling department at scheduling@planetdepos.com, you can rest assured that every detail is being handled while you’re away.
• Not sure if you scheduled the deposition? No problem! By using the Planet Depos online repository, you can see exactly which dates you have requested a court reporter.
• Don’t worry about taking massive piles of papers with you to the beach! By using the same online repository, you can view transcripts, exhibits, invoice details, videos, and any files related to your cases. Travel lightly!
• Have a case where you absolutely must take a deposition while away? Try mobile videoconferencing! As long as you have access to the internet, this secure and convenient tool will allow you to get the job done as if you were in the office with your witness.

While extremely helpful in the summer, these tips can be used year-round. Wishing you a fun summer season from your friends at Planet Depos!

Each morning, various legal professionals enter their respective law offices with a list of depositions, trials, and videoconferences to schedule. With their morning coffee by their side and a pending stack of scheduling to complete, they quickly place a call or send an email to Planet Depos.

What is not as well-known is what happens behind the scenes at Planet Depos once a case is scheduled. There are certain elements to ensure that the case is managed in a personal, efficient and seamless manner:

1.  Each time a deposition is scheduled with Planet Depos, it is assigned to a case manager. A case manager ensures that there is a single point of contact to field questions, fill orders, or handle last-minute needs or changes.

2.  The case manager will contact the parties for any standing orders to guarantee that requests are always up-to-date and orders are filled consistently and accurately. Standing orders include special services such as:

– Realtime
– Rough Draft
– Videotaping
– Videoconferencing
– Expedited Delivery
– Complimentary Video-to-Text Synchronization

3.  Each case on our calendar contains a list of past, present, and future depositions. The case manager will keep track of what is coming up, the due date of transcripts, and upcoming hearings and court dates. A confirmation email or phone call is always placed the day before each deposition to confirm the details. A case manager is also responsible for ensuring that court reporters, legal videographers, and interpreters are consistent throughout the course of a case.

4.  Sometimes a deposition is required to be held out of state or even out of the country. Your case manager will gladly assist with finding a location for the deposition; whether it’s five minutes away or five countries away, Planet Depos will have a location and a court reporter there for you!

5.  All files in a case are uploaded with case management software such as: LEF (Livenote), SBF (Summation), MDB (Sanction), CMS (Trial Director), VDF (Visionary), and  XML (RealLegal). Planet Depos complimentary online repository houses transcripts, errata sheets, exhibits, invoices, and the online calendar.

6.  Lastly, our case managers keep track of a distribution list pertaining to each case so that rough and final transcripts are sent to the appropriate parties in the case.

To schedule court reporting coverage for your next case, contact the experts at Planet Depos by emailing scheduling@planetdepos.com or calling 888.433.3767.

Where do I go to find a court reporter? How do I know if the court reporter is qualified? How much will it cost? Do I need a videographer, realtime, rough ASCII, or expedited delivery? How would I like my transcript delivered?

These are the most common questions that come up when court reporting services are necessary. First, let’s review the three things to consider:

1. Contact a Court Reporting Agency

When trying to find a court reporter, going directly to the reporter is usually not the best route. Most reporters are associated with a court reporting agency. A court reporting agency can handle the administrative tasks such as scheduling, production, and billing, while the reporter takes down the spoken word at a deposition, arbitration, or court proceeding. Developing a relationship with a court reporting agency ensures availability, accountability, and quality transcripts.

2. Know Your Order (Special Services)

Would you like a videographer present to film the proceeding? Will you need realtime? Would you like a rough draft of the transcript at the end of the day? When would you like the final transcript delivered? What type of format would you like to receive your transcript and video? These are all things to consider when ordering a court reporter. Knowing what you need at the time the deposition is scheduled and conveying that to the court reporting agency will ensure you receive exactly what you need every time. A qualified court reporting agency should be able to provide you with a transcript and video in any format: PDF, TXT, E-Transcript, LEF (Livenote), SBF (Summation), MDB (Sanction) and/or VDF (Visionary).

3. Cost

The cost of the court reporter will depend on which state/country your proceeding takes place and which special services you will require. For example, court reporting services in Washington, D.C., will most likely be less expensive than arranging for a court reporter in South Africa. Having a videographer present, requesting a rough draft version of the transcript, or receiving realtime will also increase costs associated with taking a deposition.

Finding a Court Reporter

1. Referral

Starting within your circle is a great first step. Ask your colleagues which company they hire for court reporting services, and why.

2. Google/Bing Search

Run a search for a court reporting agency in your area using one of the main Internet search engines. Explore each website from the results. Read their blogs and then contact at least three of the court reporting agencies for pricing. Let each agency know that you are getting quotes from other companies. Inquire as to whether attendance fees are charged or if there are discounts given for receiving all case material in electronic format.

Your local court reporting agency is the best source to find a reporter or legal videographer in another state as well. Reputable court reporting agencies, like Planet Depos, have established relationships and partnerships around the world and can manage every aspect of your out of town needs, including conference rooms, videographers, or videoconferencing facilities.

You are now equipped with the necessary information to find a qualified court reporter anywhere in the world. To schedule an upcoming deposition with Planet Depos, please email scheduling@planetdepos.com or call 888.433.3767.