News From Planet Depos

Arbitration is a method of alternative dispute resolution (ADR). It is used to develop mutually agreeable settlements between opposing parties rather than filing a lawsuit and taking the case to court. However, both parties must agree to arbitrate rather than going to trial.

The arbitration is resolved by one or more impartial arbitrators. Both parties agree the arbitrator’s decision will be final and legally binding. At the end of the arbitration, the arbitrator gives the arbitration award, a legally binding settlement that is enforceable in court.

Many different types of disputes can be settled in arbitration. However, arbitrations are most commonly used for commercial disputes, particularly international trade agreements. These disputes are settled with international arbitration, which has its own distinct rules.

International Arbitration

When the parties in an arbitration are from different countries, it can be considered an international arbitration. International arbitration follows its own non-country specific rules and standards of ethical conduct, separate from the domestic arbitration of the country where the arbitration is taking place.

Most countries that participate in significant international trade and economic transactions follow the laws ratified at the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention of 1958. Under the New York Convention, if a party in an international arbitration files a lawsuit that breaches the arbitration agreement, the court must halt further legal proceedings. The rules of the United Nations Commission on International Trade Law (UNCITRAL) Arbitration also apply to international arbitrations.

Steps in the Arbitration Process

1. Initiation – One party of a dispute sends a letter to the opposing party requesting that the disagreement be settled in an arbitration.

2. Appoint arbitrators  – There are three different ways arbitrators can be appointed:

• Arbitrators can be appointed directly by the two parties.
• Arbitrators that are already part of the arbitration can appoint additional arbitrators.
• An external party, such as the court, can nominate arbitrators.

3.  First meeting- The arbitrator, parties, and their legal counsel meet to discuss the dispute and set up an appropriate process and timetable.

4. Statement of claim- The party making the claim provides a summary of the dispute and the remedy they are seeking. The statement of claim informs the respondent of the alleged facts, but it does not include evidence.

5. Statement of response- The recipient of the statement of claim either admits or denies the claims. They may also present a counter claim, which needs a reply from the claimant.

6. Discovery and inspection- Each party provides a list of documents relevant to the arbitration. Then, both parties view the documents and agree on which documents should be given to the arbitrator.

7. Present evidence- The evidence is written down and given to the arbitrator to review before the hearing.

8. Hearing- Both parties give their case to the arbitrators. Each party can be present while the other side states their claim. During the hearing, the arbitrators question witnesses and can ask for clarification on any information.

9. Legal submissions- Both parties’ lawyers give the arbitrator a summary of their evidence. This can either be provided orally at the meeting or it can be put in writing once the hearing ends.

10. Arbitration award- After considering all the claims and evidence, the arbitrator makes a decision. An award summarizes the case, provides the final decision, and gives a reason for the decision.

Advantages of Arbitration

• Arbitration is usually heard sooner and resolved quicker that litigation in court.
• In court, the parties are assigned a judge. In arbitration, the parties can choose one or multiple arbitrators. This is especially helpful when the arbitration is highly technical. Parties can choose arbitrators with expertise in the subject area to preside over the arbitration.
• Hearings can be arranged at times and places that are convenient to the arbitrators, parties, and witnesses.
• Arbitration hearings and agreements are confidential.
• Arbitration rewards are often easier to enforce in foreign countries than court verdicts due to the provisions in the New York Convention of 1958.

Disadvantages of Arbitration

• One or both parties pay for the arbitrator, while the courts provide a judge for free. However, overall arbitration is usually less expensive than litigation.
• In some situations, the arbitration is binding. This means parties yield their rights to let the decision be decided in court.
• Usually, arbitration is resolved faster than litigation. However, if there are multiple arbitrators it can be difficult to schedule hearing dates where they are all available.
• Obtaining evidence by means of discovery is more limited in arbitration than in court litigation.
• It is difficult to overturn decisions made in an arbitration, even if the decision is erroneous.
• Arbitration awards are not directly enforceable, unlike judgements in court. If a party would like to enforce an award, they need to use an action, a type of judicial remedy, to confirm the award.

Should There be a Court Reporter at an Arbitration?

A court reporter is not required at an arbitration. But, having a record of the arbitration can prevent the arbitration from turning into litigation. Although an agreement may be reached in an arbitration, sometimes the opposing party will still decide to go the court. This could be due to a miscommunication about the agreement or the opposing party wanting to reach a better outcome.

With a court reporter transcribing a verbatim record of the arbitration, you have an exact record of what was agreed upon. Without a court reporter, you or the opposing party could forget or misunderstand the details of the settlement.

How Having a Court Reporter Keeps You Safe

Review the Transcript

If a miscommunication occurs between you and the opposing party, you and your lawyer can read the court reporter’s complete account of the arbitration. With the transcript, you can figure out what was misheard or misunderstood during the proceedings.

Review Agreements

In some situations, the opposing parties might try to alter the agreement by arguing what was decided during the arbitration. By having a complete transcript of the arbitration, you can show exactly what was said and agreed upon.

File an Appeal

If you believe your rights were violated during the arbitration process, you will want to go to court to appeal the decision. Without an accurate transcript, you may not have the evidence you need to go forward with your claim and your case could be dismissed.

International Court Reporters

Whether your arbitration is taking place in the United States or abroad, hiring a court reporter provides your party the protection you need. Planet Depos is an international court reporting agency that provides transcriptions for arbitrations around the world. We use the latest technology to create accurate transcriptions in real-time. Our editors produce final transcripts within three hours after the arbitration, so you will have an complete record whenever you need it.

A stenographer is a person who makes a written verbatim record using a unique shortened writing style called “steno” on a steno machine. Steno is “written” on the machine using a special theory that is based on syllables, rather than letter by letter, as is done on a typical keyboard. This shortened style of writing and unique keyboard layout allow stenographers – or court reporters, as they are most commonly referred to – to type on average more than 200 words per minute. Some court reporters can type over 250 words per minute with very high rates of accuracy.

Stenography is primarily used in legal proceedings, during court reporting. However, stenographers also work in other fields, including live television closed captioning, forums for deaf and hard-of-hearing audiences, as well as making the record for governmental agency proceedings.

Steno machines

A stenograph machine, or steno machine, is used by a court reporter to make a written verbatim record of a proceeding. Court reporters may work live or off of recorded proceedings, but speed and accuracy are always critical. Due to the speed requirements (minimum 225 to complete the program), steno machines are designed to “write” a phonetic-based type of shorthand that also allows for whole words and phrases to be written in one stroke of the keyboard. This is what allows court reporters to write at such high speeds.

How does a steno machine’s keyboard work?

There is a “home row” of sorts, much like a QWERTY keyboard, which is the starting point for “stroking” the outline of a syllable or word or phrase. The left and right sides of the keyboard are where the initial and final consonants of a syllable or word are positioned. Not all letters are represented by single keys, but instead a combination of keys depressed together.

Unlike a typical keyboard, multiple keys can be depressed at once.

The middle key between the consonant banks is the asterisk key used to indicate a correction of the last or multiple strokes. The lower four keys under the consonant keys are where vowels are positioned. Yes, we know there are five vowels, but the vowel I does not have its own key. A short I is represented by the E and U keys on the right, and the long I is represented by depressing all four vowel keys together. It’s a foreign language of sorts. And lastly, the bar across the top of the machine is for writing numbers.

Steno machines do not use space bars or return keys. The words move the type through the machine without normal spacing.

How is the shorthand on a steno machine read?

A translation of the transcription occurs when the steno is matched against an English definition contained in the court reporter’s “dictionary,” or the software that they have customized personally to read their steno theory. Today’s technology allows for realtime translation, providing an instantaneous feed to lawyers, judges, and litigants in the legal setting as well as to hard-of-hearing students in a classroom and to television viewers in the form of live captions.

If you’re a court reporting student close to graduation or a reporter new to field, check out Planet Depos’ exclusive mentorship program, Planet Institute.

What is a court reporter, exactly?

The definition of a court reporter is someone who is responsible for capturing a complete and accurate written record of legal proceedings. But there is really more to it than that. You are at the heart of the action. You are mentally agile. You can keep pace of the proceedings without missing a beat. Court reporters can work in the courts, in the private sector, as well as in the government.

A court reporter is a critical part of any legal proceeding. They must be able to instantaneously process words into a written record. While court reporter training can be difficult, a successful graduate has within their reach the career of a lifetime.

Court reporters must be reliable and trustworthy, as legal proceedings require confidentiality and professionalism. Time is a measured resource for lawyers, medical professionals, judges and other professionals with whom a court reporter may work, so being on time and prepared is an important characteristic for a court reporter.

How do I become a court reporter?

A bachelor’s degree is not required for court reporting. Court reporting school can be intense, so be sure to follow our tips on how to survive court reporting school.

First: Complete court reporter school

There are a few options for completing court reporting school:

• Private and public technical school
• Colleges and universities
• Community college

Some programs offer an associate degree. Whichever you choose, court reporting is a skilled profession and can transfer to other jobs, like broadcast captioning or providing realtime for deaf and hard-of-hearing students.

Check with the National Court Reporters Association (NCRA) for a  list of court reporting programs. The NCRA is also a great resource for continuing education and certification.

Court reporting school can take anywhere from two to four years, depending on your ability to grasp the technology and devote the time necessary to reach the graduation requirements.

Second: Pass the certification or licensing exam

• Some, but not all states, require certification.
• Check with the NCRA for state requirements or appropriate state reporting association guidelines.

If you live in a state where licensure is not required, certification offered by the NCRA will still distinguish you as a candidate.

What skills do I need for court reporting?

Maximize your opportunities and pay by developing the following skill sets:

• Mastery of vocabulary, spelling and punctuation
• Effective communication skills
• Speed and accuracy on a stenotype
• Strong listening skills and attention to detail

Other traits that will be helpful:

• Subject-matter expertise
  • Legal, medical, technical, industry, political, etc
• Eager to learn
• Work well under pressure
• Attention to detail
• Professionalism
• Strong work ethic
• Punctuality
• Reliability

What are the standards for court reporting?

Entry-level speed is 225 words per minute, combined with accurate transcript preparation. NCRA’s Registered Professional Reporter (RPR) exam requires a written test, as well as a skills exam at 225 with 95% accuracy.

Other certifications to boost your success:

Additional certifications are available to demonstrate your skill sets. Get more information on the following certifications and several others on the NCRA website.

Registered Merit Reporter 

• Requirements: 260 wpm, 95% accuracy

Registered Diplomate Reporter

• Requirements: 115-question exam related to:
  • Technology
  • Professional practices
  • Reporting practices

Certified Realtime Reporter

• Requirements: RPR and Realtime Testimony skills test, scoring 200 wpm, 96% accuracy

Certified Realtime Captioner

• Requirements: CRC workshop, skills test, 180 wpm

Time, money, and local knowledge. And, you’re exhausted. You have no time for hassles touch-down to depo.

Before your plane taxis down the runway, you’ve figured out the Wi-Fi and surveyed a taxed schedule that hardly lets you put down your carryon at the hotel. There are bound to be frustrations in international legal proceedings, so eliminate the unnecessary ones by having an on-the-ground ally.

International depositions are especially stressful. They navigate foreign holiday schedules, foreign requirements, time zones, and travel complications. The right international agency can source local court reporters, legal assistants, and venues in addition to navigating foreign bureaucracy. A top-tier international court reporting agency is an insider on your side. Here are four more benefits to choosing an international court reporting agency for foreign depositions:

1. SAVE TIME AND MONEY WITH LOCAL LEGAL SUPPORT

A tired, jet-lagged legal team is costly, adds complicated travel, and relies on a staff who lacks area knowledge. Limit the number of people you bring to essential team members, like attorneys or key legal experts. Working with an international agency ensures that court reporters, videographers, and legal support staff are experienced and acclimated to the travel area and the work involved.

Local talent can bring 100% to the table—or steno machine. Even if a reporter from London has to travel to cover a Frankfurt deposition, travel is more assured and less expensive than flying a court reporter from overseas. Local workers also avoid the extra fatigue and disorientation stemming from long travel times and unfamiliar hotel-stays.

2. OUTSOURCE LOGISTICS

Attorneys are paid by the hour because most of those hours are impacted. Focus invaluable time by outsourcing the littler things. Your specialization and hours are limited resources. Do not waste them. There are credentialed professionals and established agencies that can help assure your deposition.

Local professionals take tedious tasks like printing, copying, shredding, or shipping of exhibits off your hands. They can arrange for the reservation and logistics for the deposition and related meetings. Arrangements for catering, recording, translators, and other room set-up can be arranged ahead of time with your legal assistant. And, last minute checks and changes can be handled same-day, in person.

Domestic deposition and legal support allows vetted legal assistants, reporters, and videographers to clear your docket so you can focus on the deposition itself. You can review daily proceedings nightly, informing your ongoing legal proceedings. The court reporter provides a daily rough draft at the end of each day as well as optional realtime streaming to all counsel, by request.

3. USE INSIDERS TO EXPEDITE LEGAL PROCEDURES

Countries that have extra deposition requirements can mean complex filings and procedures. An international agency helps ensure local scheduling, filings, and seamless deposition taking. Last minute changes or unexpected requirements can be handled on-time and by known agencies or in-person.

Domestic advantage can be a literal time and money saver. France and Japan are great examples.

Working with an established agency in Japan goes a long way to simplify scheduling Japanese depositions. If the reporter and videographer are Japanese residents they won’t need a deposition visa, which is repudiated as highly difficult.

In France, Embassy instructions and requirements are notoriously wordy. The advantage of someone familiar with the requirements cuts through the tangles and dead ends of complicated red tape.

4. GET TRAVELERS TIPS TO GET ABOUT TOWN

A local team is a great resource for visiting lawyers. In addition to providing local legal services, locals can help with travel suggestions and creature comforts. They provide insight into local features like “Where do I get the best coffee while I’m here in Helsinki?” or “Is there a good place near the deposition site for a business lunch?” or “What is a must-eat-at restaurant in Seoul?”

Locals can also help familiarize you with transit options and customs. While taking a cab may seem the most efficient option, in places like New York or Seoul street travel may take more time than trains or subways. Locals can advise on travel time considering rush hours or realistic distances between hotels and venues. Local customs can also be explained or assisted by someone more familiar with local culture.

What can an international court reporting agency do for you? Once the international court reporting agency has the relevant information:

• Schedule professional staff: Reporters, videographers, interpreters and needed staff can be appropriately reserved.
• Supply specialized interpreter CVs: Choose from a variety of recommended interpreters with expertise in the subject matter at hand.
• Arrange locations: The agency can also reserve a conference room at your preferred location or a suitable location convenient to where the witnesses and lawyers respective locations.
• Prepare materials and filings: The agency will coordinate with you regarding prep materials, Protective Orders, exhibits, preferred formats for delivery of the final transcripts, etc.

For more information on international court reporting services or to schedule depositions, contact Planet Depos International Scheduling at 888.433.3767 or international@planetdepos.com. To learn more about conducting depositions around the world, request access to the Planet Depos International Deposition Guide.

How to become a court reporter starts with why you should.

Becoming a court reporter is a guaranteed career win if you have the talent and the drive. It’s a fast pace, highly skilled job with incredible job security. There is a continual need for qualified court reporters, also known as stenographers. As a court reporter, you will be right in the middle of the action. You will:

• Take depositions that are central to legal discovery, working closely with lawyers.
• Be responsible for swearing in witnesses.
• Have an opportunity to travel, if you choose to, including abroad.
• Earn a great salary.
• Develop your talents to help you become a better communicator and listener inside and outside the workplace.

Who are you? You may have the makings for an exceptional court reporter.

Court reporting isn’t for everyone. How to become a court reporter depends a lot on who you are–fingers to brain. Court reporters are deeply trusted and counted on by the legal teams that employ them. A court case may be determined by the deposition you’ll transcribe in some instances. And, because a deposition records real-time testimony and must be absolutely accurate, you have to be fast and accurate. What are the personality traits and skills that you can start honing now? Court reporters are:

• Masters of vocabulary. Extra points if you understand special jargon in an area, like medicine or law.
• Grammarians to the detail. You know your spelling and punctuation, making your transcripts a breeze to read.
• Fabulous listeners. Everyone tells you how great a listener you are–and that can be the makings of an amazing future front line in depositions and courtrooms.
• Skilled! You have fast fingers and your special powers are attention to detail and focus.
• Timely. People depend on you because nothing can start without the court reporter.
• Dependable. It’s your middle name.
• Patient and great at keeping your cool. Tensions can mount in depositions or leading up to trial. Sometimes, attorneys and staff can wear themselves into being frazzled. But that’s okay, you’ve got this.

On a typewriter, 225 words per minute would require super hero speed. With a stenography machine that’s entry level court reporter by definition. School will teach you the tricks of the trade. Practice will perfect those skills.

Complete your court reporting school courses.

Court reporting school is a way to learn and hone your skills. Even if your state does not require a license, having the education helps increase your value as a job candidate, open doors for travel opportunities, and extends your salary range. Being able to understand and practice stenography is also an advantage of court reporting school. A steno machine is a unique shorthand technology that requires speed and familiarity. You’ll also get the general skills that will distinguish you as a professional candidate.

Your court reporting career can start with degree or certificate programs at accredited:

• Private and public technical school
• Colleges and universities
• Community college

For the full list of court reporting programs and other resources, visit the National Court Reporters Association (NCRA).

Passing the certification or licensing exam.

You’ve put in the hard work, so the test is no sweat. You’ve taken tests all through court reporting school.

The Registered Professional Reporter exam requires 95% accuracy and 225 words per minute steno. There is also a written test component. The licensing exam and requirements for court reporting can vary state-to-state, so check your state’s requirements.

With the certification, you’ll be on your way to wherever you want to be. You may even travel with teams abroad or work for a court reporting agency like Planet Depos. We have offices all around the world. Know a second language and a desire to travel? Even better.

Join a Court Reporter Mentorship Program

Going from the classroom to a career can be daunting. With the opportunities provided in a mentor program, students and recent graduates can accelerate their transition, get real world advice and training, and become a successful practicing deposition court reporter. Join Planet Institute, the Planet Depos one-on-one mentoring program. Mentors help you bridge the gap between graduation and your first court reporting position.

You now have a general overview of how to become a court reporter. Read the rest of our material and visit Planet Depos website for more information. You can get a look into what a court reporter does every day and how important they are. We look forward to taking your journey with you.

A successful deposition is vital to any legal proceeding, whether ultimately won or lost. Three elements guaranteeing the best outcome? Assembling the right team, preparing, and communicating clearly are simple, effective elements that guarantee the best possible outcome. Here are a few tips on how to give a successful deposition—whether you are an attorney, court reporter, or other legal professional.

3 Key Elements: How to Give a Successful Deposition

1. Talented, Tested Legal Support Staff

A well-qualified court reporter is crucial to a productive deposition. Without one to accurately record the proceedings, the deposition may as well not have occurred at all. Attorneys rely on the accuracy of the record. They should be able to ask for an instant rough draft upon request. But, not all court reporters are created equal. What makes an exceptional court reporter?

Excellent court reporters:

• Meet deadlines
• Come prepared and on time
• Have familiarity with relevant topics, materials, and vocabulary
• Can provide a draft of the record on demand
• Ensure a final transcript on time, even if expedited delivery is required

KEEP A GOOD AGENCY AT HAND. A reputable court reporting agency ensures the court reporter is professional, qualified and has a strong reputation. It’s in their interest to keep only the best talent and check accreditation and skills. Working with an agency also ensures that alternate court reporters are available at all times should illness or other problems arise.

In addition, a court reporting or deposition agency can provide a legal videographer if needed. Videographers add a high definition record of the proceedings, which can help understand witnesses or allow a new dynamic to discovery and building a case. Video setup for a deposition can be specific, so a professional is highly recommended. Quality video is especially important in international depositions. Foreign witnesses frequently cannot be compelled to testify physically in the U.S. Due to that, a video record of their deposition can be used in court.

A good agency can also reserve conference rooms, or videoconference facilities, interpreters, and assist with multiple logistical tasks.

2. Thorough Preparation: Informed Reporters and Interpreters

MAKE SURE THE COURT REPORTING AGENCY HAS COPIES OF ALL APPLICABLE NOTICES, COMPLAINTS, AND ANY CASE-RELATED MATERIALS. Thorough preparation for the deposition is compulsory. Attorneys prepare their witnesses and questions diligently. It bears out (and is all too often overlooked) to prepare court reporting professionals. If specialized topics and jargon are part of the case, an agency can procure reporters and interpreters who have familiarity with the subject matter. Disclosure allows for heightened accuracy and speed for professional support staff.

If an interpreter is required, ensuring these materials are with the interpreter at least a week beforehand will aid the interpreter tremendously at the deposition. Nonetheless, not any court reporter or interpreter will do in all cases. Even native speakers may not be familiar with a subject matter, such as political speak or financial terminology. Having an extensive vocabulary can bolster court reporting professionals. Agencies have familiarity with their team, including specific strengths and skillsets.

Just as attorneys need to prepare for a deposition, the court reporting team needs to prepare in advance, familiarizing themselves with names and terminologies. This all builds the foundation for a smooth deposition.

The right fit is essential for the case, court reporting professional, and agency.

3. Clear Communication

Clear communication with the court reporting agency is essential. If you are an attorney, make sure to answer any questions they have, such as expected duration (especially if they are reserving the location on your behalf!). If they have a Standing Order Form, take advantage of this great tool to convey your delivery expectations of the transcripts, video, or any arrangements. Be clear with when and to whom materials should be delivered. Ask questions to ensure no detail is missed, everyone is on the same page, and there are no ugly surprises down the road.

If you are a court reporter, interpreter, or other staff member it is equally important to be clear in your communication and ask any relevant questions. If you are uncertain of your ability in a specialization, talk to your agency or the legal team to ensure the right fit.

As the proceedings go on, keep the lines of communication open, notifying of schedule changes, cancellations, attorney changes, added depositions in the case, et cetera.

Even if the depositions are taking place overseas, these three steps apply, leaving the court reporting agency in a position to guide you through the process. Planet Depos covers complex matters throughout the world and has over 50 offices worldwide.

Contact Planet Depos at scheduling@planetdepos.com or international@planetdepos.com to schedule coverage for your proceedings.

Court reporting is an extraordinarily underrated profession, largely because the general public is uninformed and carry a lot of misconceptions about what court reporters are. Here are just a few mistaken beliefs of the court reporting world.

Myth #1: Court reporters only work in courtrooms

Court reporters work everywhere from hotels in Beijing to television studios. Being stuck day-in and day-out in a court room is one of the most common misconceptions about court reporting. Some court reporters do work in courtrooms on a daily basis. However, the majority of court reporters work in different settings every day. They record hearings, depositions, trials, arbitrations, and other legal proceedings outside of courtrooms.

Court reporters also provide realtime captioning for live television programs and communication access for the deaf and hard-of-hearing in classrooms and other public settings.

The venues that a court reporter works include:

• courtrooms
• law firms
• classrooms
• auditoriums and stadiums
• homes
• behind the scenes at live events
• studio houses
• international hotels and conference centers

Wherever there is a need to convert speech to text, there is a court reporter!

Myth #2: Technology will replace court reporting

You probably already know the nuances of talking to your devices, whether your smartphone or at-home digital assistant. And a witness testimony is a lot more complex than playing your favorite music or turning on the lights in today’s IoT.

Humans do not speak in a perfectly enunciated, monotonal flow. Some witnesses have irregular speech or impediments. Others may have dialectics that are difficult to accurately read on a machine. And, distance and technical issues can ruin or lose essential testimony.

There are too many variables to rely on a machine to accurately translate speech. For example, a court reporter can understand accents and disregard irrelevant noises during a trial. The visual context can also help distinguish voices and words. This is critically important because accuracy is essential in this field.

Myth #3: Court reporters are just fast typists

Court reporting requires several instinctive and learned skill sets. In many states, court reporters must pass a certification exam and participate in continuing education. The entry-level certification of the National Court Reporters Association (NCRA) is the  Registered Professional Reporter, which requires 95% accuracy at 225 words per minute.

Court reporters must:

• have a strong grasp of the English language, grammar, punctuation, and spelling
• be organized, impartial, responsible, and reliable
• handle confidential information
• be able to follow complex proceedings, jargon, and language
• arrange materials and logistics for depositions

Clearly, this profession is more than typing fast!

Myth #4: Court reporting is repetitive and boring

Court reporters interact with a wide diversity of people every day including lawyers, paralegals, and expert witnesses.  It is a constant learning experience. As an independent contractor, court reporters work wherever and whenever they choose. Some travel the world. Others bring a specialization to their role, selecting areas of interest to record. In addition, depositions or other roles change topics frequently.

If you’re already a court reporter and thinking of joining our team, click here.

Is Court Reporting Hard? The truth About Stress.

We all get stressed out and handle stress in different ways. But did you know stress can actually hurt you? As a court reporter, you handle multiple stressors each day—and we are here to help you conquer stress. A day in the life of a court reporter can include long days (often sitting in the same position for hours), different client personalities and moods, fraught witness testimony, multitasking, and the pressure of deadlines. And you are always expected to be on your A-game.

A study from Ohio State University found that dealing with constant, long-term stress can actually change your gene activity. Your body may think you are under attack. The genetic changes from stress cause cells to fight an infection that doesn’t really exist, leading to an increase of inflammation linked to a variety of health problems. So is court reporting hard enough to quit? No, but you have to be equipped to handle the challenges.

Tips for Handling Stress on the Job and Off

STOP STRESS ON THE JOB

Take a break: No matter how busy you are, sometimes you have to take a breather. Step away from the problem, even if it’s just for a few minutes. You’ll come back feeling refreshed. It’s also proven that breaks increase productivity and make even monotonous days easier to handle. Some proven ways to really step away:

• Take a walk and leave the building
• Get a coffee, tea, or juice from a local cafe
• Go outside and look at nature (even just watching the clouds)
• Pet an animal if one happens to be around
• Listen to some of your favorite, uplifting tunes
• Smell the roses–or any favorite scent
• Talk to a coworker about anything but work
• Take a little space alone to meditate for a few minutes

Stretch: You have been sitting in the same position for hours. When little breaks happen during the deposition, stand up and stretch or walk around the room. If standing isn’t a possibility, stretch in place. Or, try tightening every muscle group, holding it for a few seconds, and releasing.

Look up: Literally, look up. Focus is an incredible talent that separates the champions from the chumps in court reporting. However, it’s important to pause every once in a while. This resets your mind, breaking you out of blanking out.

Communicate: Let your employer and colleagues know if you are feeling stressed. They may be able to help. If you have problems outside of work that are impacting your stress level, like illness or family emergencies, keep your workplace apprised.

Be reliable: It may not seem like something that can reduce stress, but being on-time, reliable, and a pleasure to work with lifts the mood by reducing stress on those working with you. They’re more likely to listen and give you the space you need to secure your own well-being. Courtesy is contagious.

Mindfulness: It’s all the rage, but it’s also a lot of help. Practice being in the moment so that stressors can drift away. Work can be a sanctuary and busy days go by fast. Find little moments of Zen throughout the day.

DE-STRESS OUT OF THE OFFICE

Exercise: Find an activity you enjoy – ride a bike, take a yoga class, or jog with your dog.  Group classes can also have the benefit of shared motivation and socialization. It isn’t about having a beach body. Physical exercise releases endorphins and increases your overall health and vigor. Even taking regular walks before work, at lunch, or after you leave the office can help. Opt for walking instead of driving whenever possible.

Trust your rituals: Find time for your favorite soothing routine. Some great, simple de-stressors:

• Take a long hot bath with candles and you-time once a week
• Put together a positive playlist
• Schedule a bimonthly spa treatment like a manicure or massage
• Make a regular sports appointment with friends or partners
• Watch the game, whichever game your into
• Enjoy family time. Work isn’t everything.

Treat yourself: We all need a little TLC from time to time. Take time out to do the things you enjoy. Put it on the calendar. You can schedule much needed “me time” that the whole family knows about, or recharge socially. Here are a few little rewards that can create some levity:

• Plan an outing, like to a museum or movie
• Game night with friends or family
• Get into a group, like a trivia night, book club, or activity group
• Crafting and hobbies
• Day trips once a month
• Finding your favorite restaurant
• Taking yourself (or a loved one) on date-night

Welcome some humor: We tend to catastrophize when in crisis. In other words, whatever it is that is causing our stress is all we see. Although your stressor may seem like the end of the world, laughing through the stress is a fabulous coping mechanism. Laughter lowers levels of cortisol, adrenaline, and epinephrine, which are all stress-aggravating hormones.

Cannot laugh at the problem? Put on your favorite comedy and butter up some popcorn. Spend some time with your favorite tike; they can teach you to be silly.

Eat well: Healthy eating benefits your overall lifestyle. During stressful times some of us turn to food as a comfort mechanism while others don’t eat at all. Both make you feel worse. Choosing to eat healthy keeps you focused and makes you feel better all around. Pack lunches ahead of time.

Get out of your head: Keep your mind busy with an activity that does not relate to your stress inducer. Sometimes listening to other people or borrowing someone else’s perspective with a good book or film can take us away from our own overwhelming feelings. It can also provide great catharsis.

Find a friend: Venting to a close friend or colleague who understands your situation can help put you at ease. Just make sure you’re there for them when they’re going through a rough time.

Be Good to Yourself

Stress is a part of life and it can help us grow and learn. However too much stress can cause significant problems for the body and mind. Stress causes our bodies to prepare for action. If we don’t take action, the stress response can create health problems, like increased blood pressure. Not having healthy ways to handle stress can also lead to more serious mental health problems, like alcohol dependency or depression. Be aware of your own stressors and find a way to work through the issues in healthy ways.

“Is Court Reporting Good for Me?”

Court reporting is a challenging career that comes with tremendous benefits. It’s a great fit for someone with a natural intellectual curiosity and who is interested in being in the thick of things. Because court reporters require skill, focus, and endurance a good court reporter is highly valued and very employable. Be realistic and ask yourself “Is court reporting right for me?” If you can meet deadlines and thrive in a highly professional environment you may have an excellent career opportunity. But, be sure in court reporting, or any job, to be prepared to handle the daily stressors that can lay siege to the best of us.

If you’d like to work for a court reporting agency that understands the stressors associated with the job, join our team here.

What is a deposition? Is it different from a deposition in court? A deposition is a process by which attorneys gather information for a case. During a deposition, lawyers ask witnesses questions under oath. A deponent is allowed to have their attorney present and the attorney from the opposing party is also invited. Often, several attorneys will ask the deponent questions.

The deponent is sent a notice of deposition, usually by opposing counsel. The notice instructs the deponent to appear at a certain time and date for the examination. The attorney who “noticed” the witness is the taking attorney. Once the witness has been sworn in, the taking attorney usually gives a quick summary of what a deposition is. The attorney also states the importance of giving verbal responses rather than non-verbal – e.g., nodding – for a clear record. Generally, the attorney also emphasizes that the deponent is under oath just like in court and the importance of answering truthfully to the best of the deponent’s ability.

Who is present in a deposition?

Hopefully, the deponent shows up!  (They usually do.) The taking attorney is also present, as well as opposing counsel. Sometimes the deponent is represented by another attorney, meaning a third attorney may be present.  In a case involving multiple parties, there can be several more attorneys in the room, representing various parties to the case. But there are typically at least two attorneys, a witness, and a court reporter present for a deposition. Some witnesses may require an interpreter, and some depositions are videotaped by a legal videographer. Deposition videography adds a new dynamic to a deposition.

There are rare instances of depositions by written questions. These are depositions where usually a court reporter reads to the witness questions which have been drawn up by the attorney, and records the deponent’s answers, as they would in a traditional deposition. This is not a common practice, however, as it makes it impossible for attorneys to ask follow-up questions (though opposing counsel can submit written objections to the questions)!

Who swears in a deposition witness?

The court reporter nearly always swears in the witness. The swearing in of the witness is noted in the transcript prepared by the court reporter. Testimony typically starts immediately after the oath has been administered. This is where the attorney takes basic information from the deponent, e.g., name, address, date of birth, and gives the little speech about the deposition process.

Is a deposition legally binding?

The deponent is under oath when giving a deposition, so yes, it is legally binding sworn testimony. Contradictions or changes to that testimony down the road can be used by attorneys to question a witness’ credibility, sometimes with dramatic effect.

The deponent’s attorney (if he or she has one) can instruct the deponent not to answer a question, or to plead the Fifth Amendment, so as not to self-incriminate.

What is the court reporter’s role in a deposition?

Attorneys often call the court reporter the most important person in the room at a deposition. The reporter has a pivotal role in a deposition.  The reporter takes down the verbatim record of the proceedings. This transcript of the proceedings can be used by the parties as they build their cases. While attorneys tend to take notes during depositions, the transcript is extremely valuable to attorneys and their teams as they prepare for further depositions, trial, or next steps for the case in question.  

Court reporters are authorized to administer the oath by virtue of their state certification or their role as a notary public. The court reporter may also provide realtime translation. What is realtime translation? Realtime allows lawyers (and their teams) to view the testimony as it is being spoken. Realtime court reporters deliver an instant verbatim record of the proceeding at an extraordinarily high degree of accuracy.  Providing an accurate realtime feed is a coveted skill and a highly useful tool for counsel.

Whether taking a deposition in person or remotely, having a clear record is essential for use at trial, possible settlement and/or impeachment. We’ve polled hundreds of court reporters with thousands of reporting hours under their belts and compiled their top tips for creating a clear record.

DO:

• Introduce yourself to the court reporter, present your card and indicate which party you represent.
• Always ask the witness to state and spell his/her full name so the record accurately reflects the correct spelling.
• Remind the witness to speak loudly and clearly so that the court reporter can hear and understand every word.
• Ask the witness to allow you to finish your question before answering because the court reporter can capture only one person speaking at a time. This will eliminate a transcript filled with dashes which may cause confusion later.
• Remind the witness to give a verbal response as the court reporter can capture only verbal responses. Nods or shakes of the head cannot be captured, and, similarly, it is often difficult to understand the meaning of ‘uh-huh’ and ‘unh-unh.’
• Restate in words when the witness gestures in any way, e.g., “For the record, the witness is indicating about three feet.”
• Indicate when quoted material begins and ends and provide the court reporter with a copy of any documents that are read into the record.
• Ask the witness (or the interpreter if one is present) to sit next to the court reporter to ensure he/she can both see and hear the witness/interpreter (for in-person depositions).
• Allow the court reporter to mark and keep track of the exhibits, which will ensure consistent and sequential numbering.
• Wait until the reporter completely marks the exhibit before asking your next question.
• Clearly state when going off or back on the record. In accordance with the reporter’s Code of Professional Ethics, all parties must consent to go off the record. If one party objects to going off the record, the reporter is obligated to stay on the record.
• For telephone depositions, state your name before speaking so that you are properly identified in the transcript.
• Consider retaining the services of an interpreter if the witness’ English is poor or if he/she has a heavy accent. This will avoid unpleasant surprises at trial.
• Take a short break every 1.5 hours and at least 30 minutes for lunch.

DON’T:

• Avoid asking the court reporter for his/her opinion of the witness or the testimony. Court reporters are Officers of the Court and must remain impartial at all times.
• Refrain from rustling papers, clicking pens, etc., as microphones are very sensitive. As such, they can also pick up quiet whispers or communication between you and your client.
• Don’t share your copy of the transcript with other counsel unless you represent the same party because the court reporter earns his/her living by selling deposition transcripts.

Remember, you and the court reporter have the same goal: to create a readable and useful transcript, and you both can make that happen by working together. Schedule your next deposition today, or reach out to our scheduling team for more information.