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Blog Category: Court Reporting

White Glove Service Does Exist

White Glove Service Does Exist

Customer service can make or break a relationship with a vendor. No matter how good the product, if the service is sub-par, it makes each interaction with that company a miserable experience you do not want to repeat. For a busy paralegal managing a myriad of details in a jam-packed schedule of high-profile cases, a court reporting agency with superior customer service throughout the case is critical. Frankly, you should never settle for poor customer service. In fact, even mediocre customer service should not be the norm. White glove service does exist, and when you find it, you will never again settle for less. Here are five signs you have found this top tier service.

The First Sign – The Consummate Professional. Let’s say you call to schedule a deposition in a big case, with lots of exhibits, realtime, expedites, and the like. You hope the scheduling coordinator sounds interested in what you have to say and confident they can help you with all the moving parts your case entails. You want a person who listens to what you require for the deposition, asks intelligent, pertinent questions to clarify those needs, and sounds like a together, organized individual who takes his or her job seriously. You want someone like you! You deserve that.

The Second Sign – Like Patience on a Monument. Litigation can be a whirlwind of change. Schedules change often. Exhibits get switched out at the last minute, necessitating rapid downloads of voluminous exhibits, frequently sensitive documents at that, to be gotten to the technician for handling/marking in the deposition. Patience is a virtue everyone in your court reporting agency must practice every minute they are working. You see that patience reflected in their ability to be flexible, cancelling and rescheduling depositions seamlessly and cheerfully. You see it any time a standing order must be modified. You’ll be reminded just how professional they are! They have seen it all, and they get it and can roll with it.

The Third Sign – White glove service means you always come first. You are the priority. The world revolves around you and your case. Your relationship is highly valued. You get the idea. This company has a “people first” attitude. When you call, they listen. They understand what you need because they hear what you’re saying, and they’re professionals as we’ve already established. They will ask questions to better understand any sensitive requests, for example, a highly confidential matter or particularly cost-conscious client. They will demonstrate creativity to accommodate special requests, as they are not bogged down by procedure and can focus on making it happen for you, their valued client. There is no problem, potential or real, that when you present it to them, they don’t have or won’t find a working solution.

The Fourth Sign – A sense of urgency. This one is simple, but crucial. White glove service is possible only if your court reporting agency possesses a sense of urgency. It’s important to your case? It’s critical to them. Vital information is communicated to your team so that no details or schedule switches are missed, and everyone is on time and prepared for the proceeding. This sense of urgency is demonstrated by everyone with whom you interact, from your account executive to the scheduling coordinator(s), reporter(s), all the way to billing. This also serves as another reminder of that professionalism, to say nothing of efficiency.

The Fifth Sign – They Consistently Deliver. Customer service counts for nothing if, at the end of the day, you are not satisfied with the results delivered to you. Can you rely on the agency to come through every time? Roughs must be timely and clean, expedites must be prompt, exhibits handled flawlessly no matter how numerous and voluminous. Legal video must be usable, synced to the transcript if requested, and delivered when promised or sooner. The white glove court reporting agency delivers confidence. They earn your trust as you become secure in their ability to listen to and understand your requirements and concerns, communicate those to the team, and deliver what you need, even consistently surpassing your expectations. White glove service doesn’t just make you happy. It gets you results! The people who provide you with the gold standard customer service are the people who make it happen.

The quality of customer service speaks volumes about an agency. Not every agency is equipped to provide the gold standard. For example, the company that is not stuck on rigid policies and procedures allows your representative to think outside the box and come up with a creative solution to impress you and get the job done! An emphasis on teamwork keeps everything on schedule, with your case management team supporting each other around the clock. Similarly, when all departments routinely and seamlessly communicate with one another, they keep the process moving and organized so you meet your deadlines, supplied with everything you need from your court reporting agency.

Planet Depos has been providing white glove service for over a decade, going the extra mile time and again to continually make it happen for their clients. This dedication to service, coupled with their advanced technological skill, has set them apart in court reporting, particularly during the challenges of 2020. To experience white glove service for yourself, contact schedulenow@planetdepos.com, or schedule online.

Remote Depositions: Importance of a Demonstration  and Testing

Remote Depositions: Importance of a Demonstration and Testing

Do you have a remote deposition or hearing coming up with Planet Depos and are unsure how the process will work? Do you want to find out more about what Planet Depos offers? Perhaps you have sat in on a demo previously, but it’s been a while – there have been some upgrades! Planet Depos’ Tech Support can provide you with a remote demonstration and/or connectivity test with Zoom or WebEx.

During the interactive demonstration, which typically takes about 20 minutes, we cover what to expect on a remote deposition with Planet Depos, including:

  • How we share and mark exhibits
  • How we pass remote control to participants to annotate or highlight key parts of an exhibit
  • Role of a Remote Technician for troubleshooting, displaying, marking, and sharing of exhibits
  • Cover key features of a Zoom or WebEx session such as file transfer, screen sharing and breakout rooms
  • How witnesses are pinned and will appear on the recorded video (if you have a Videographer)

The technician will also:

  • Test your audio and video
  • Cover the key services Planet Depos offers, Remote Technician, Digital Court Reporter and Videographer
  • Answer questions you may have

We can also customize the session based on what information you are looking for.

The interactive demonstration is also the time to test all participants’ microphones, web cameras, and each parties’ internet speed and connection to the Zoom or WebEx session. This is your opportunity to troubleshoot common issues in advance of your remote proceeding, ensuring no hiccups during your remote deposition. The most common issues that Tech Support sees and assists with are:

  • Poor internet which can result in bad audio or video:

This could be because you are on a weak or slow wireless (WiFi) network. It is recommended that whenever possible use a wired Ethernet connection. If you must use WiFi, stay as close to the wireless router as possible. Make sure to have at least a 3-5 Mbps download speed connection. The higher the speed, the better experience.

  • Problems getting the webcam to be recognized by Zoom or WebEx:

There are several factors that could result in Zoom or WebEx not being able to recognize and connect your webcam. The most common is that you did not specify your webcam, or you have video disabled in the video conferencing application. Note, that for Zoom or WebEx to detect and use your webcam, it must be detected by your computer. Most external webcams are automatically detected by your computer. If it is not, refer to your webcam instructions or contact the manufacturer.

Here are instructions to enable and specify your webcam.
In Zoom:

    • To enable, click Start Video in the lower left corner
    • To specify, click ^ to the right of Start Video and select your webcam

In WebEx:

    • To enable: click Start Video in the middle of the WebEx window
    • To specify: click ˅ to the right of Start Video and select your webcam

 

  • Problems getting the microphone to be recognized by Zoom or WebEx:

The issue of microphones not being recognized by Zoom or WebEx is similar to the problem with webcams. The most common reason is the wrong microphone was selected or it is muted. Note that for Zoom or WebEx to detect and use your microphone, it must be detected by your computer. If you are using an external webcam, many have a microphone built in. You can select the webcam as your microphone. Similarly, many laptops have a built-in microphone. Most external microphones are automatically detected by your computer. If it is not, refer to your microphone’s instructions or contact the manufacturer.

To unmute and specify your microphone –

In Zoom:

    • To enable: click Unmute in the lower left corner.
    • To specify: click ^ to the right of Mute and select your microphone. Many external webcams have a built-in microphone so you will need to select your webcam as the microphone option.

In WebEx:

    • To enable: click Unmute in the middle of the WebEx window.
    • To specify: click ˅ to the right of Mute and select your microphone. Many external webcams have a built-in microphone so you will need to select your webcam as the microphone option.

 

  • Camera position and lighting problems:

The best location for the webcam is straight on at eye level. It can also be slightly above you, pointing downward. Position yourself so you are in the middle of the video frame.

For lighting, make sure that you are sitting in a nicely lit room. If you can, sit facing a window. Natural light works best over artificial light. Make sure that the light source is in front of you and not behind, to avoid being silhouetted or causing glare on screen.

  • Using the web browser to join rather than the computer application:

Even though the web browser client allows you to join a Zoom or WebEx proceeding without having to download or install any software, it does have its limitations. For instance, you will need to tell the browser to allow it to use your microphone and webcam. If you miss that pop-up, you will not be able to have your microphone and webcam available. For a better experience, we recommend you download and install the computer Zoom or WebEx computer software prior to the start of the proceeding.

All remote attendees can and should schedule a remote test session with Tech Support prior to your scheduled session. Simply e-mail Tech Support or your Planet Depos account executive and we will set up a date and time.

Take a look at Planet Depos’ quick YouTube video on how we handle remote depositions for both Zoom and WebEx.

Planet Depos has been covering depositions for more than a decade. For more information on all things deposition and court reporting, check out our blog page. To schedule your next proceeding, contact Planet Depos at schedulenow@planetdepos.com, or schedule online.

Depositions: Is the Future Remote?

Depositions: Is the Future Remote?

Planet Depos conducted a survey over the summer of 2021 to gain more insight into law firms’ attitudes toward remote depositions. Most depositions since March 2020 have been conducted via remote technology, so attorneys are more than familiar with the medium at this stage. Respondents were asked specific questions and given the opportunity to list aspects of remote or in-person depositions which most influenced their opinions for or against that means.

New Perspective – Nearly two thirds of those surveyed (59%) said their perspective on remote depositions has changed. The pandemic and resulting increase in virtual communication made them reconsider remote depositions, with 61% stating they took into consideration the potential benefits remote depositions pass on to clients. These benefits include convenience, and cost and time savings. For example, close to three quarters of respondents (71%) said prior to COVID, they spent up to $20,000 a year on deposition travel. For a third, travel ranked as the second largest deposition expense, after transcript costs. Remote depositions made a big difference in their budgets! Going forward, most attorneys prefer a combination of in-person and remote depos:

Free-Form Considerations – Respondents, when given the opportunity to list pros/cons to remote vs. in-person depositions, provided a thoughtful list.

Those favoring remote depositions emphasized the convenience for all involved. Remote depositions prove to be the best solution for participants with safety concerns amidst the COVID pandemic. Those with elderly clients or clients with serious health issues especially appreciated being able to conduct depositions without jeopardizing their clients’ well-being. Cost and time savings were again mentioned as a primary reason to prefer remote depositions.

Respondents preferring in-person depositions argued that technology can be tricky for older or less technologically savvy clients, making in-person depositions simpler for all parties. It is not uncommon to have clients who cannot access the necessary technology at home, or clients who have but cannot use the technology. Similar concerns were raised regarding the ability to focus on legal terms in a remote deposition, reasoning that it is much easier to focus in an in-person setting. The mechanics of being able to hand the witness a document to physically review was also preferred to sharing a digital exhibit on a screen.

Take-Aways – Attorneys appreciate the benefits of cost and time-savings remote depositions offer them and their clients, and many clients appreciate those advantages as well. There are two sides to every coin, and the long and short of it is that remote depositions are here to stay, and in-person depositions will stick around as well, though remote depositions will be the backbone of discovery for the foreseeable future.

With law firms and their clients growing more comfortable with remote technology, and that technology advancing rapidly, court reporting services are available to enhance the remote deposition. These services make the remote deposition as near to in-person as is possible.

For example, a firm could schedule a certified realtime reporter to provide a near-instant verbatim record, available for streaming to attorneys and their teams. A realtime feed benefits those who find it more difficult to follow a remote deposition. Realtime makes it easy to instantly flag testimony for follow-up, saves time with fewer readbacks by the reporter, and is immensely helpful to an interpreter if applicable. Realtime reporters are in high demand, so attorneys wishing to include this invaluable service should secure a realtime reporter as soon as they schedule.

To up the in-person feel of the remote deposition, schedule a technician. The technician monitors the connection throughout the proceeding, keeping all parties continuously connected. More than that, this skilled professional troubleshoots any issues a connecting party may have, and can handle exhibits, sharing and marking them as a reporter would for an in-person deposition. For anyone with a client who is nervous about a remote deposition, the technician will be a huge help.

Digital exhibits and a secure sharing system simplify the whole exhibit question in remote depositions. Talk to your court reporting agency about a cloud-based service to confidently share exhibits with ease and airtight security. Files should be protected with up to AES 256-bit encryption both in transit and at rest, protecting even highly confidential documents. Files should be accessible to cleared parties from any device. The system makes storage and management of exhibits a snap!

Planet Depos has been covering in-person and remote depositions all over the world for more than a decade. For more helpful tips, check out the Planet Depos blog. To schedule your next proceeding, contact Planet Depos at schedulenow@planetdepos.com, or schedule online.

 

 

 

Big Talent for Large Casework – The PD Advantage

Big Talent for Large Casework – The PD Advantage

Large cases involve many moving parts – tight deadlines, fast-paced and ever-evolving schedules, seas of exhibits, rosters of witnesses, etc., etc. Paralegals don’t wear capes, but every good attorney knows they have superhero-worthy organization, time management and delegating skills, to name a few. Every good paralegal knows partnering with the right court reporting agency makes managing the moving parts in an intricate case a much more streamlined process. So, what does that court reporting agency look like? You’re about to see.

Experience Matters

You do not want a novice on this case. If your large matter is Intellectual Property, you want names of IP cases the agency has covered so you know they’ve played in the league before. Look at agencies with rich case history, for example, ITC matters, IP, Big Pharma, PTAB, multidistrict and multiparty. You’re looking for evidence that this firm is well versed in large cases, and you want to see that firms go back to them again and again for their work. Check out what other law firms have to say regarding professionalism, flexibility, and expertise.

On-Point Pricing

Complex matters are expensive, and there is no way around that fact. But that doesn’t mean your client wants to go carte blanche on court reporting costs. You should be able to speak with a dedicated account executive about your and your client’s needs and expectations. They should then be able to provide you with pricing that is reasonable to you and your client because it is easy to understand.

Exhibit Management

Exhibits are a powerful component in a large case matter, but they can be a headache when they are many and voluminous! Your court reporting agency should be able to provide solutions to the exhibit storage and organization issue. Ideally you want to see a comprehensive tool for limitless secure storage of all case exhibits throughout the duration of the case. It should allow for easy and efficient collaboration, while maintaining tight security with AES 256-bit encryption. You should be able to maintain control of your exhibits in the repository, controlling who can upload, access, and view them, as well as who can send documents via secure links.

Realtime Reporting

Realtime court reporting is cool technology paired with awe-inducing skill. In a complex matter, with all those shifting schedules and rigid deadlines, realtime is a required service for the time it saves. Not all court reporters provide realtime, so make sure the agency you partner with has court reporters who are seasoned realtime professionals. You want highly accurate realtime translation in the deposition room and the flawless finals these realtime reporters can provide.

International Presence

Complex matters can see your team travel the world, so you need a team that knows all the rules and regulations wherever your case will take you. Look for an agency with international presence, i.e., experience, offices, and court reporters, videographers, and interpreters all over the globe. This is the firm with travel tips, as well as time and money-saving tips. They can guide you on everything from language to include in your court order to visa requirements to getting through security at the U.S. Embassy in Tokyo. In addition to invaluable advice on international depositions, this firm has enough teams everywhere to seriously slash travel costs. It is no coincidence that these are teams with a wealth of experience in large, complex matters.

Dedicated Case Management

Complex matters require efficient coordination between your reporting agency and your team. From the moment you partner with the reporting agency, a whole crew of case management experts should be lined up to take care of every detail. This team needs to be available literally around the clock, so no scheduling detail is overlooked, no standing order item (or change!) is missed, and the response time and live support is there when you need it. Your dedicated case manager works closely with your firm and your account executive to guarantee your expectations are exceeded at every opportunity.

Planet Depos has developed large casework expertise through years of experience, with best-in-class court reporting, cutting-edge technology, and an ability to adapt on the fly with the thrill-a-minute schedules complex litigation entails. With a global network of court reporting professionals, Planet Depos is poised to provide first-rate coverage, wherever your matter takes you, either in person, or via secure remote technology. For more information or to schedule, contact Planet Depos at schedulenow@planetdepos.com, or schedule online.

CRCW 2021: Planet Depos Salutes Our Fearless Students

CRCW 2021: Planet Depos Salutes Our Fearless Students

Court Reporting & Captioning Week 2021 Logo

Oh, my, what a difference a year makes!  With the global pandemic changing life as we know it, just think how much we’ve learned this past year.  No one could have seen COVID coming, but once it hit, it was all hands on deck at Planet Depos to adapt and chart a course to a new way of doing business.  The PD team stepped up quickly and launched hundreds of Zoom webinars to assist clients with the transition to remote proceedings.  Anticipating the normal issues that come with videoconference depositions, though now the vast majority being done remotely, PD made the decision to hire and train a tech for every proceeding, allowing the court reporter to concentrate on what they do best – making the record.   And within weeks, clients and court reporters were back in the saddle as this revolution in court reporting took hold.

But there was one group that found themselves stranded during the pandemic; literally, stuck with few, if any, options.  This group was our nation’s court reporting students.  While academics continued in a virtual setting, what was always taken for granted in the past now came with a whole host of issues:  How and where would court reporting students fulfill their internship requirements?  Few firms were holding in-person proceedings, so typical shadowing opportunities were few to non-existent.  And those attorneys who had made the switch to remote proceedings were still adapting to Zoom and the attendant security issues, so requesting that a student sit in was out of the question.

So what were our students to do?  Remembering myself what it was like to be at high speeds, fulfilling my own internship hours was so very exciting because it signified that I was close to seeing my career finally come to fruition.  I was that much closer to being a court reporter.  And with the shortage of reporters already, how could we stand by and watch these up-and-coming students fall through the cracks because of a pandemic?

Just like we pivoted quickly to bring remote depositions to our clients, we moved just as quickly to offer a remote solution to our schools’ instructors and students who were unable to find internship opportunities.  And so we created a library of videotaped proceedings that would give students a realistic experience of shadowing a live proceeding.  We worked to fill the library with hours of videotaped depositions and courtroom hearings and motions just as their internship curriculum dictates.  The addition of the library made it possible for students to access real-world situations that otherwise would have been impossible.

Once students had exposure to our library, we took the extra step of inviting them to apply to Planet Institute for our one-on-one mentoring program.  We quickly transitioned from simply offering a virtual library of content to students moving on to further mentoring and preparation for their careers in court reporting.  Since the pandemic started, we have worked with 29 students, 23 of whom are currently enrolled at varying levels in Planet Institute, offering students the opportunity to prepare transcripts from the video library, and eventually live Zoom proceedings, for review and critique.  As the students progress in the program, learning  from the one-on-one mentoring, they ultimately reach graduation from Planet Institute and are ready to launch their careers.

As a follow-up to the program and to encourage other students to learn outside the classroom, we created The Modern Court Reporter, a podcast series for students and seasoned reporters alike.  We tackle all things court reporting with the mission of providing content and advice for a successful career in reporting.

If ever there were a time for students to enter the workforce with nimbleness and fearless adaptation to change, this is certainly it!  This round of new reporters will enter better equipped than most!

The Realtime Feed and the Remote Deposition

The Realtime Feed and the Remote Deposition

Realtime court reporting has been around for a while, and any attorney who has received a realtime feed knows its value already. If you have not yet requested realtime for your deposition, these remote days are an excellent time to experience it for yourself. A very beneficial tool for attorneys, realtime allows counsel to view the proceedings in real time. Realtime is the instant conversion of the reporter’s stenotype (shorthand) into plain English. As quickly as the reporter can enter stenotype strokes, the jargon is translated to English and transmitted to counsel (and their litigation teams, if requested). The parties receiving realtime need not even be present!

Sound amazing? Of course it does, because it is amazing. But there’s more to this crazy cool feature. Not only can you view the proceeding in real time, you can flag testimony or a line of questioning for follow-up, highlight any inconsistencies, all without interrupting the proceeding. No need to have the reporter read back the record when you have the record available on your screen (realtime can be streamed to any mobile device, as well). This is particularly attractive during a remote deposition with parties in time zones hours apart, when you don’t want to prolong the deposition with readbacks and the like.

Quality realtime is a tremendous skill requiring diligent practice by the court reporter. Not all reporters provide realtime, so if your proceeding will require realtime it is imperative that you specify this to the reporting agency in advance. Realtime reporters have not only honed their ability to speedily process information, but they have mastered the technology involved as well. A key tool for high-quality English translation is the court reporter’s personal “dictionary,” built over the course of their career. This is a steno-matching system composed of common words, names, and subject matter terminology. The more material contained in their dictionary, the better the realtime translation.

Attorneys can and are encouraged to send relevant case materials to assist the reporter in building the dictionary in advance of the proceeding to provide the highest quality realtime output of the testimony. Notices, patents, correspondence and spellings of technical terms and names specific to the case are immensely helpful to the conscientious realtime court reporter.

Ensure a Great Remote Deposition

With any remote deposition, participants should take measures to guarantee the best audio possible. For quality realtime in your remote proceeding, those steps become even more crucial. While we have already posted lots of information on the steps to ensure a smooth remote proceeding, now is an ideal opportunity to recap, so let’s dive in!

Ensure all parties can connect. Make sure all parties have access to reliable, high-speed internet. Each connecting party should be on a VPN to keep the proceeding secure. Verify your court reporting agency has space available should one party need to utilize a conference room with the required internet capabilities.

Test the connection! Each party should conduct a test call prior to the remote proceeding. This is the time to confirm connectivity and speed, as well as iron out any issues. Test your microphone and webcam for superior audio and video quality. This is also the prime time to ask the technician any questions to ensure you have the optimal setup for the actual proceeding.

Check out that setup. You want to be in a quiet, well-lit space. Make sure there is no backlight, which can blur your features. Dress in somber, darker colors to eliminate distraction. Plan to speak a bit slower and to enunciate carefully. These little details count.

Double check email addresses for all participants and get them to the technician so everyone can connect promptly with their secure link. While you’re double-checking things, double check time zones for each participant to guarantee everyone is connecting at the same time.

Remote depositions should run as smoothly as in-person depositions when properly planned. Realtime makes a remote deposition that much more efficient, so take the extra time to get the most out of this powerful benefit. Keep in mind, realtime reporters are always in high demand, so communicate early with your reporting agency about your realtime needs, and you’ll be all set to be wowed.

Planet Depos has been providing outstanding realtime reporting services for over a decade, as well as remote coverage for depositions, all over the world. For more information on realtime, remote depositions, or anything related, contact Planet Depos at 888.433.3767. You can even schedule online.

How To Prepare For A Remote Deposition

How To Prepare For A Remote Deposition

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, it would behoove you to 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 videoconference is non-negotiable, and it is 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 schedulenow@planetdepos.com or schedule online.

The Importance of the Court Reporter’s Neutrality

The Importance of the Court Reporter’s Neutrality

Court reporters are the undisputed “keepers of the record.” Their impartiality is one of the three legs upon which the American justice system stands. Knowing what to do and when to do it in order to maintain that stature is critical to the stability of the legal system.

We compiled a few of the more common scenarios that our court reporters face in their everyday work. The actions they take either ensure or jeopardize their neutrality and integrity in conformance with NCRA’s Code of Professional Ethics (COPE).

Scenario 1: Non-Verbal Witness Responses

Often court reporters will come up against this one. Witnesses, while usually directed by their attorney otherwise, like to respond with head nods, gesturing, or other non-verbal responses.

It is not the court reporter’s role to serve as an interpreter as to the witness’s intended response.  Likewise, it is not their role to prompt the witness to give a verbal response.   In fact, it is the role of the lawyer(s) to prompt a verbal response from the witness.  If the lawyer does not prompt the witness, the reporter is obligated to indicate in the record “No verbal response.”

COPE Advisory Opinion 31 supports this behavior, indicating “When a reporter is intentionally placed in the position of being a factual witness at the direction of counsel for one party, that reporter may be viewed as an advocate for one party over the others. The reporter thus loses the impartiality mandated by Provision No. 1, creates a conflict of interest (Provision No. 2), and generates the appearance of impropriety (Provision No. 3).

Scenario 2: Going Off the Record

One party will often request that the court reporter go off the record, but the other party or parties do not agree.

As the keeper of the record and officer of the court, court reporters are not to go off the record until all parties agree. It is the job of the lawyers to come to an agreement, and you must keep the record open until that occurs.

This is supported by COPE Advisory Opinion 6, which states that a reporter must be “fair and impartial toward each participant in all aspects of reported proceedings and maintain the integrity of the reporting profession.

Scenario 3: When To Provide Deliverables

One side may reach out to the reporter to provide them with a copy of the transcript, exhibits, or audio for review prior to it being available to all.

In order to maintain impartiality, reporters must never provide any type of deliverable to one party or to a third party for review prior to making it available to all the parties.

Providing them to one party first would be in violation of COPE Provisions 1, 2, 3, 4, and 9, which speak to the importance of neutrality, to the security and confidentiality of all the materials in their possession, as well as to the fact that one must be vigilant and guard against “not only the fact, but the appearance of impropriety.”

Scenario 4: Giving Opinions on a Case

At the conclusion of the deposition, an attorney may ask the court reporter for his or her opinion of the witness.

Once again, to the point of neutrality, a court reporter must never offer personal opinions about any aspect of a case.

Providing a party with a personal opinion would be in violation of COPE Provisions 1, 2, 3, and 9, which speak to the importance of impartiality and integrity of the profession.

Court reporters not only preserve the integrity of the profession, they ensure that every litigant receives “Equal Justice Under Law.”

Divorce and Depositions: What You Need To Know

Divorce and Depositions: What You Need To Know

Guest Post by Russell Knight, Esq – Attorney with The Law Office of Russell D. Knight

The legal process of divorce is extremely formal.  The process is formal because a divorce is the unwinding of two lives once intimately involved and now actively opposed to each other (at worst) and mutually apathetic (at best).  Getting to the truth of the matter in a divorce, therefore, requires many tools amongst which depositions are key.

When a divorce is initiated, a petition for dissolution of marriage is filed and a series of purposely vague allegations are made, e.g., “the parties accumulated various marital assets throughout the course of their marriage.”  A counter-petition is usually filed by the other side with similarly loose terminology.  Initial documents are vague because facts are undetermined and/or neither side wants to commit to a set of facts before discovery has started.

Discovery and Divorces

Discovery is the process by which each party exchanges documents to determine what the facts are in the case.  Accurately identifying the facts in a case is necessary to adequately negotiate and prepare final divorce documents or to prepare evidence to present in a possible trial.

Most discovery is done via a notice to produce. A notice to produce is a laundry list of items that the other party may have in their possession and should share with the requesting party.  These are usually taxes, paystubs, bank statements, and other documents.

Beyond a notice to produce, a party is allowed to issue interrogatories.  Interrogatories are a series of written questions that must be answered.  Typically, interrogatories are limited to a set number of questions.

But what happens if one party to a divorce needs information and the other party is being evasive or dishonest?  You do not have to wait for a trial to question that party on the stand -you can request a deposition in advance. A deposition is a formal meeting between the parties and their attorneys with a court reporter present.  A party to the divorce case or a third party may be the subject of the deposition.

The Role of Depositions in Divorce

The attorney requesting the deposition will formally introduce him or herself for the record as a court reporter is writing everything down that’s said. The deposing attorney will then proceed to question the witness as to whatever subject matters need to be investigated.  In a divorce case, these questions will often involve tracing money that is no longer available, determining what expenses were reasonable, and getting to the bottom of textured parenting issues.

The adverse party’s attorney will be present at the deposition and will have the power to object to questions during the deposition.  There is no judge at the deposition to rule on the objections so these are merely put on the record.  Those objections can come into play should one of the lawyers try to submit the court reporter’s transcript into evidence at trial.  During the deposition, the objections merely keep the deposition focused along appropriate lines.

In a divorce deposition, one of the most important objections is “harassment.”  A deposition is a tool for uncovering undocumented information, not an opportunity for a party to aggravate their spouse one last time.  Either party may say something like, “let the record reflect that counsel is raising his voice” should things get heated.

The transcript of the deposition will then be available for both parties to use at trial.  Typically, the lawyers will ask the same questions to the deposed party at trial that were asked at the deposition.  If the party provides a different answer at trial than they did at the deposition, the attorney may then introduce the transcript to the court in order to impeach that party and, hopefully, extract the question they were looking for.

Depositions are inherently confrontational and are therefore typically a tool of last resort in a divorce.  To avoid a deposition, provide full disclosure during discovery and act in good faith to all requests for information.  If the opposing party cannot cooperate completely with discovery or when providing discovery omits or confuses matters, you will have no choice but to depose that person for the sake of obtaining essential information for negotiations or trial.

Russell Knight, Naples Divorce Attorney

About the Author: Russell D. Knight

Russell Knight is a Naples Florida Divorce Attorney who has been practicing family law for over 13 years in Naples, Florida and Chicago, Illinois. His office specializes in family law, divorce, child support, and child custody cases.

Preparing For That First Court Reporting Assignment

Preparing For That First Court Reporting Assignment

Planet Depos wishes to share with court reporting interns the following tips to help them transition from their student role to the official reporter on any assignment:

  • As you begin your internship, prepare to upgrade from your student version of software to a professional version (Case CATalyst, Eclipse/Advantage, ProCAT, StenoCAT, DigitalCAT).
  • Learn how to run the Audio Synch feature of your software. Create a practice assignment and listen back to the Audio Synch to ensure that it is running and that the volume and quality are satisfactory.  If the quality is not sufficient, consider adding an external omnidirectional microphone to your equipment and use it on every assignment.
  • After your assignment, practice reading back as though you were the official reporter.
  • While interning, edit every assignment you take to hone your editing and proofreading skills.
  • Learn the benefits of creating and using auto-include files and how to create templates for title pages, appearance pages, certificate pages, etc., and perfect those during this internship opportunity.
  • Check your state’s notary public rules and get your notary certification and seal in preparation for becoming the official reporter, if your state requires these.
  • Memorize witness oaths/affirmations as you will need to administer one or the other before each witness. Here is an example of a combined oath/affirmation that you may wish to adopt:
    • “Do you solemnly swear or affirm, under the penalties of perjury, that the testimony you are about to give, shall be the truth, the whole truth, and nothing but the truth?”
  • Seek advice from your mentor on the job about marking exhibits so that you will be familiar with how the process should be handled when you are the official reporter.
  • Learn when to interrupt and know that even veteran reporters find they may have to interrupt from time to time.
  • Always dress the part of the professional that you are.
  • Continue to practice every day and remember to practice before each and every job – even when you become the official reporter.
  • Feel free to ask your mentor questions. If you are in need of a mentor, please consider Planet Institute and simply fill out an application.

These tips are intended only as a brief guide for students entering the court reporting profession.  The National Court Reporters Association and state reporting associations can provide more extensive guidance in these areas.

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