Court reporters are often put in a position wherein one attorney tells the court reporter/legal videographer to go off the record and the other attorney insists the court reporter/videographer stay on the record.

Section 2025.470 reads, “The deposition officer may not suspend the taking of testimony without the stipulation of all parties present unless any party attending the deposition, including the deponent, demands that the deposition officer suspend taking the testimony to enable that party or deponent to move for a protective order under Section 2025.420 on the ground that the examination is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses that deponent or party.”

As the deposition officer, the court reporter cannot stop writing unless someone says the words “protective order” or if all parties agree to go off the record.  If the attorney who noticed the deposition insists that she/he is paying for the transcript, and therefore has the right to stop the deposition, the attorney is wrong.

I know of two occasions lately where the court reporter believes everyone is agreeing to go off the record (because of body language or standing up to leave the room), but a comment is made (seems to be innocuous or a side comment, profanity), and the other attorney looks at the court reporter and says, “You got that, right?”  The court reporter says, “I thought we were off the record.”  Then there is nothing but huge problems.

Because this situation can become a nightmare, I have developed the habit (no matter how friendly everyone is) in which every time one attorney says, “Off the record,” I look at the other counsel and say, “Off the record?”  Then when I get any kind of agreement (a nod of the head, whatever) I put my hands up so everyone can see them (palms facing the attorneys).  And say, “We’re off the record.”  I don’t make it a dramatic statement, but a statement of fact.  Sometimes the attorneys smile or tease me about putting my hands up, but the bottom line is there is never any question.

I believe the more proactive a court reporter is, can anticipate potential issues that might arise at a deposition, the better everything will be.

@rosaliekramm  Twitter

One of the many great things about legal videographers that we work with here in San Diego is their willingness to provide audio backup to our court reporters.  I believe the majority of videographers around the USA provide an audio file to court reporters at depositions upon request  The question becomes, in what format?

Historically, an audio cassette backup was made by legal videographers for the court reporter.  Court reporters own(ed) tape players that had foot pedals to speed up or slow down the audio for proofing.  But, as everyone knows, in modern times the audio cassette is becoming obsolete.  “Digital media is what everyone is using,” says Chris Jordan.

Many court reporters are still using audio cassettes.

Currently, we work with videographers that provide a feed directly to the court reporter’s laptop to use in conjunction with their Computer-Aided Transcription (CAT) software.  The videographer has an audio jack with a mini connector for the court reporter.  Other videographers we work with will provide an MP3 file or wav file at the end of the deposition and copy it onto the court reporter’s laptop.

Court reporters are buying transcription software with foot pedals that attach to their laptop or PC through a USB port.  If you Google the key words, foot pedal audio transcription, you will find a myriad of products on the market.  I invite anyone reading this blog to suggest products that they have been successful in using.

I suggest using an old transcriber and cassette tapes is cumbersome and not efficient.  Being able to scope or proof on your laptop without pulling out another machine (just attaching the foot pedal) makes sense.  With so many hearings being digitally recorded and court reporters being asked to transcribe the audio files (where there is no cassette option)  using new products in the marketplace is smart.

Court reporters and legal videographers have to be a team in depositions when working together.  The attorneys know when they are working with “the A-Team,” a great videographer and court reporter.  They recognize the synergy.  I love that my videographer has my back, and I have his/hers.

So if you are a court reporter still requesting audio cassettes from the videographer, check out digital.  There is a reason that the audio cassette is becoming obsolete.

@rosaliekramm Twitter