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Making the Best Record

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The attorney’s job is to make the record.

The court reporter’s job is to preserve

it.

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Court Reporters: Are Independent Officers of the

Court. Serve all parties and have no interest

in the outcome of the proceedings.



Think of our system of justice as

a three-legged stool…



Points to remember…



Do you have a Notice?

Estimated duration?

Special reporting needs?

Special technology needs?

Making the best deposition record starts at scheduling!



When do you need the transcript?

What transcript formats do you prefer?

Advise ASAP if the depo cancels!

More things to consider when scheduling!



Before asking your first questionin a deposition…

Consider room layout and acoustics. Any exhibits to pre-mark? Provide your business card.Inform your witness of reporter’s role.



In a courtroom…

Microphones are often utilized.The judge determines all other protocols.



Enunciate clearly. Speak at a well-modulated pace. Don’t interrupt. Ever.Don’t speak while reporter is marking exhibits.

The Goal: To capture every word!



Be very mindful when reading. Be precise when using numbers.Spell case-specific proper nouns for the court reporter. Please spell slowly!

And Some More Best Practices



Reporters write what is being said, not what is being done.



Clarify “uh-huhs,” “uh-uhs,” “mm-hms” and “mm-mms.”



Did you say “B”? “C”? “D”? “V” or “3”..? “A” or “The”…?



Things to avoid:

Uttering “Okay,” “I see” & “All right” Double negatives The use of vague pronouns Creating distractions such as clicking

pensGoing for long periods without stopping for a break



As to when you’re going on or off the record.

As to when a quote begins and ends.What is and isn’t confidential or “Attorneys Eyes Only.”To use vernacular that is tailored to the witness.To clarify thick accents.Using directions such as “east” & “west.”

Be very careful…



At the end of the deposition:

If applicable, ascertain whether the witness would like to read and sign.



To obtain your transcript:

Be clear as to your transcript order.Be responsive when the reporter contacts you for clarifications, as this could impact your delivery time.



As with attorneys, court reporters have different levels of experience and

expertise.



To get the most out of your court reporter, get to know the services

he/she can offer!



Freelance reporters can offer assistance

in trial presentation.



Realtime transcript feed display

Advantages of Realtime Technology

Live feed from court reporter

Your case issues

Auto tagging of key words

Issue highlights

“Quick marks” for later review



Additional services available:

Videotaping of depositionsSynchronizing video to transcriptsPaperless exhibitsExhibits linked within electronic

transcriptMobile videoconferencingTrial technologiesCART for Deaf and Hard of HearingInterpreter services



Using Communication Access Realtime Translation

(CART) in the Judicial Setting

Assess the needs of the person requiring the service.Give adequate notice to court administration that CART will be needed. Provide detailed information to the reporter to prepare.Allow adequate time for the person to read the screen.



This presentation can be downloaded at:

www.NCRA.org/NCRF



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