Blog Category: Arbitration

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.

Who isn’t trying to be more economical these days? It’s 2023, and you have to tighten your belt with everything going on. Law firms are no different, trying to cut costs for frugal clients looking for any expenses they can cut. Large cases are necessarily more expensive, and their court reporting budgets are not small – realtime, rough drafts, streaming and video alone tally up big invoices. To help save time and money on your depositions, keep these 8 points in mind:

1. Build a Relationship

This is true in so many arenas. If you take your car to the same shop every time, you see the difference in treatment, the willingness to give you a slightly better discount, etc. Establishing a relationship with one court reporting agency has the same benefits. You are seen as a valued client, which comes in handy when you need a court reporter at the last minute, or need an invoice reduced or even waived altogether.

2. Have a Secure Repository

You should be able to access all of your transcripts 24/7. A secure repository provides this benefit, so you can log in and download a transcript, exhibit, invoice, etc. This can save time when preparing for a case and finding yourself in need of a certain file – it is accessible to you in the time it takes you to log in and download. And again, it’s 2020, and everything is virtual!

3. Consider a Videoconference

This is a no-brainer for cost-savings. Eliminating expensive travel arrangements, and the time spent traveling, videoconferencing is an excellent option for a one-day deposition of a witness residing far away, even overseas. Remote depositions through videoconference also make a great option when in-person depositions just aren’t an option. Videoconferencing not only saves on cost, but can keep litigation moving forward when in-person proceedings can’t move forward.

4. Obtain Court Reporting Agency Emergency Contact Information

If you’re not already working with an agency that is reachable 24/7/365 (like Planet Depos), be sure to get a phone number and email address for emergencies. This is invaluable if you need to reach someone after hours to inform of a last-minute change, or schedule, or handle some other urgent matter. Last-minute changes are part of the discovery process, and it is imperative to have a means of communicating them to your agency. The relationship mentioned in point 1 guarantees an immediate, helpful response to those emergency communications.

5. Encourage Opposing Counsel to Use Your Court Reporting Agency

When all parties use the same court reporting agency, cost savings are passed to everyone involved. Additionally, the case calendar, transcripts, exhibits, errata sheets and invoices are all housed in that same repository with 24/7 access. This also ensures consistency and continuity of reporters, transcripts and invoices, for both taking and defending attorneys.

6. Compare Rates Between Court Reporting Agencies

Obtain quotes from multiple agencies to confirm the rates you are being quoted are competitive. Ask if the agency can cover in other states, or internationally, and verify those prices are competitive as well.

7. Get Quality Transcripts and Legal Videography

Working with a reputable court reporting agency ensures there are no nasty surprises at trial. There’s no need to worry about reading a transcript for the jury and stumbling over spelling and grammatical errors, or worse. You won’t need to worry that your video clip has poor audio. Develop a relationship with the reporter who really wowed you and the legal videographer who demonstrated savvy technological skills, and request to work with them on all your depositions whenever possible. You cannot overstate the value of experienced, professional court reporters and legal videographers.

8. Utilize Electronic Delivery

Receiving final transcripts in electronic format only saves money, trees, storage costs and space (don’t forget the secure repository with round-the-clock access!). Ask about a Standing Order Form as well, to ensure the firm has your email distribution list for rough drafts and final transcripts, as well as your preferred file types.

Bonus: Ask About Free Conference Rooms

Finding an affordable and convenient location to take a deposition, whether locally or around the world, can be a challenge. It takes time and valuable resources for the litigation team to locate an appropriate conference room. Your court reporting agency should have the ability to provide you with a location at no charge.

This can save you and your clients thousands of dollars every year. Whether you need a large conference room for a deposition in your hometown or a conference room for your deposition anywhere on the planet, your court reporting agency should be able to accommodate your request.

Planet Depos has been covering depositions all over the world for over a decade.  For more information, cost-savers, or to schedule, contact Planet Depos at 888.433.3767 or schedule your deposition online.

As more and more countries in Asia open their borders post-pandemic, Planet Depos was recently able to resume covering in-person depositions in the Philippines. Throughout the pandemic, we conducted remote work in the Philippines, but as restrictions ease, we’re now able to offer more comprehensive solutions to clients involved with international cases, while still providing the same, signature, top-tier service.

As a global court reporting firm, all the legal support services we offer in the U.S. are also available for depositions in the Philippines. Whether you need a stenographer, videographer or technician, or require services such as Realtime streaming, same-day rough drafts or expedited final transcripts, our international team is well-equipped to tackle even the toughest cases.

For this in-person deposition, we sent a court reporter and a videographer, both of whom are part of our PD Asia team. While these team members are not local to the Philippines, they do reside full-time in other nearby Asian countries, so they have extensive experience recording international depositions throughout Southeast Asia.

One of the most intriguing aspects of this particular deposition, due to its locale, was the unique blend of languages. Due to Spanish colonization, many Spanish words have been integrated into the Filipino language, Tagalog. In addition, the Filipino people have developed a blend of English and Tagalog, referred to as “Taglish,” which is widely used in everyday life in the Philippines. These linguistic details added an extra dimension to the deposition, requiring particular attention to ensure accurate documentation of the record. However, any challenges were met with enthusiasm and professionalism by our experienced team.

If you have an upcoming deposition in the Philippines, or anywhere else abroad, we are here to help. In addition to coordinating the logistics of an international case, we can also provide valuable insight regarding country-specific deposition regulations, travel and hotel recommendations, and even traditional dishes to enjoy!

For more information on conducting depositions around the world, check out the latest edition of our International Deposition Guide, or submit an international inquiry online at any time.

As the leader in the global court reporting industry, Planet Depos is always looking to expand its geographical reach. Earlier this year, we conducted an international deposition in Cape Town, South Africa.

“This is the first deposition we’ve done in Cape Town specifically, although we did some depositions in Johannesburg a number of years ago,” says Meredith Weisel, senior scheduling manager. “While depositions in South Africa are few and far between, there is always the potential for more!”

International Realtime Court Reporter Ana Gallegos and Videographer Joseph Viner traveled from Europe to South Africa to attend the deposition in person, while Technician Linda Fleet attended remotely via Zoom. Gallegos has been reporting for over 30 years, spending the last half decade focused exclusively on international work.

“My last five years of international work have been the most challenging and exciting in my career,” says Gallegos. “It is always an adventure, but it’s imperative to work with an agency like Planet Depos who understands the challenges of working around the world. I have complete trust that my jobs with PD will run smoothly, my videographer will be very professional and I will never have to worry about anything other than my transcripts.”

While we don’t currently have any local liaisons in South Africa like we do in other countries, like Japan and South Korea, our international team is committed to doing any research necessary to help prepare court reporters and other staff as much as possible. This ensures we’re able to offer our impeccable, best-in-class service no matter where a deposition takes place!

“The international team arranged for all required resources and services, while gathering necessary information and details from the client to make sure the deposition ran smoothly,” says Weisel. “Our tech support team arranged and distributed the Zoom meeting link for the remote participants and our videographer set-up the Zoom connection on-site in South Africa while another technician facilitated things remotely.”

So how does this differ from standard, domestic depositions? In short, it really doesn’t.

“We can make anything happen with depositions taking place internationally, just like we can with depositions in the U.S.,” says Weisel. “Whether you need a reporter, videographer, interpreter or technician, we can make it happen! It will just require a bit more travel, that’s all.”

Do you have an upcoming international deposition? Schedule online with us and let us Make It Happen for you!