Category: Court Reporting - Page 20 of 33

37 Deposition Instructions For Your Witness

by Planet Depos | Feb 12, 2011

Deposition Instructions

Witness Instructions for a Deposition

Deposition (law)

A deposition is the act of taking sworn testimony whereby litigants obtain information from each other in preparation for trial.

A court reporter is present and begins the proceedings by administering the same oath or affirmation that the deponent would take if the testimony were being given in court in front of a judge and jury.

The chief value of a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence so that a “level playing field” is achieved and surprise (traditionally regarded as an unfair tactic) is avoided at time of trial. Another benefit of deposition is to preserve a witness’s recollection while it is still fresh, though the trial may still be some time later. In the event a witness is unavailable for trial, his deposition testimony may be read before the jury and made part of the record in the case, with the same legal force as live testimony.

Tell the truth. Never vary from this rule. You can be truthful and tell the truth in a way that helps. You can be truthful and say it in a way that hurts. Think through your answers to the issues in the lawsuit thoroughly. Do it beforehand. As a witness you are sworn to tell the truth, and you must do so. No one, not your employer or your attorney, is telling you otherwise.
Resist the temptation to be helpful, to volunteer information or to become the teacher. Remember this is not the time or place for putting on your case. Just answer the question that is asked! Then stop and wait until the next question. The most frequent mistake made is volunteering information. Don’t! Just answer the question and then stop!
Remember your personal behavior and personality will be scrutinized by the opposing attorney. Speak clearly and slowly.
Dress appropriately and get adequate rest beforehand. A good night’s sleep is vital. Have your lawyer answer your questions about the deposition before it begins and when you have privacy.
Be confident, not cocky. Make sure your attorney has answered any important questions in your mind about the deposition procedure before it begins.
Be precise. If you cannot be reasonably precise, just admit you do not know the answer. Don’t guess. It is okay to say, “I don’t know the answer,” to the question.
Be polite but firm. Relax. Don’t feel compelled to speak just because there is a long silence.
Don’t attempt to persuade the opposing lawyer that we’re right and his client is wrong. He just wants to win his case. The more information you volunteer to him, the better informed he is.
Don’t anticipate the questions. Do not interrupt the question or improve the question so as to remove problems with the question.
Listen to the question, not the tone with which it is asked. The opposing attorney may attempt to provoke you deliberately as a tactic. He may hide a particularly nasty or tricky question in a soft voice and a soothing manner.
Listen to any objection by your lawyer but understand your lawyer cannot use objections to “coach” you how to answer the question.
Be sure you understand the question. Do not answer the question if it purports to summarize your opinions or your earlier testimony but is inaccurate, even if only slightly so. Don’t answer the question if you don’t understand it. Tell him you don’t understand the question. State that the summary of your testimony contained in the question is wrong. The attorney can ask you “loaded” inaccurate questions. You have to be alert to the misstatements in the questions. Pay particular attention to questions that begin with “don’t you agree” or “isn’t it true”.
Take time to think about the question and your answer. Don’t fix his question. If it is poorly worded, don’t say: “are you asking me this” and then proceed to fix his question. If the question is “broke”, don’t fix it.
If you are given a document, always read it entirely before answering. Continue to refer to it when answering any question about a document. You are entitled to a copy when answering. Do not answer a question about a document without the “complete” document in front of you.
Complete your answers even if the attorney interrupts you.
Do not make promises or offer to make drawings, do calculations, collect documents or conduct research of pledge to do so. If requested, tell the opposing attorney to discuss that with your attorney after the deposition.
Correct any prior answers if you decide your previous statement was incorrect or inaccurate.
Never lose your temper even if provoked. This may well be a “test”. Don’t lash out.
Do not assume false facts. If it is not so, insist it is not so. Answer such a question only if your attorney tells you to answer.
Do not play lawyer.
Do not argue. Just stand on your position. If you are asked essentially the same question several times, give exactly the same answer each time. Often this is a tactic to get you to change the answer you gave which the attorney does not like. Instead, if you are asked the very same question you just answered. Just say: “same question, same answer.” When he asks the same question again, give him the same answer again.
Testify from your own knowledge only unless hearsay is specifically requested.
Accept responsibility for your and your employer’s actions, procedures and decisions. Do not retreat just because you are under attack.
Never guess or estimate. If you don’t know the answer, the correct response is “I don’t know.” Don’t constantly use hedge words such as “it’s just my opinion” or “I’m, not sure.” Overuse of hedge words gives the impression you don’t know what you are talking about.
There may be times when you cannot remember an answer. Do not be afraid to say that you do not remember the answer at this time.
Speak clearly and avoid non-verbal answers (such as head nods) so the court reporter can accurately record your response.
If one of the lawyers makes an objection, stop and wait until the lawyers are finished. Do not be distracted by their arguments with each other but listen to what they say. Be aware that your lawyer has very limited authority to instruct you not to answer a question, especially in federal court.
Do not hesitate to ask for a break if you need one, or if you wish to seek legal advice from your counsel. Any comments you made during the break heard by the opposing attorney likely will result in you being questioned about the comment after the break. If he asks you after the break if your lawyer told you how to answer the question, tell him no! Don’t go too long without a break. Try to take a short walk during the break. Splash water in your face in the restroom.
Do not think that you can end or shorten the ordeal of cross-examination by making concessions to the attorney questioning you. That will prolong the deposition. He will see you are willing to agree to “anything” in the mistaken belief that this will end the questioning.
Do not bring any notes or other materials to the deposition without the knowledge and advice of your attorney. Show your attorney what you have brought while you are out of the presence of others. Do it before the deposition begins.
Do not answer any hypothetical questions unless the question incorporates sufficient facts, circumstances, and conditions to allow a full and fair response. If it does not, just tell the opposing counsel there are not sufficient facts for you to form an opinion and answer under oath.
Insist that your attorney spend the necessary time to prepare you. Don’t wait until the last minute. Otherwise, an emergency can cut short the time necessary to prepare. Discuss candidly any potential problems or significant issues you are aware of with your attorney when preparing for the deposition.
You may consult with your attorney to determine whether a privilege should be asserted (federal court) or to seek legal advice. Your attorney cannot and will not “coach” you how to answer the question at a recess or break.
You are entitled to a complete copy, not a partial copy, of any document. If presented with a surprise document, you can take all the time you need to study before you answer any questions.
You are entitled to all the time you need if asked to for example, interpret statements made in competitor’s or other’s correspondence.
You should not agree to waive your signature on deposition. Insist upon your right to read and sign the deposition transcript before it is filed with the court. Correct any mistakes in the deposition transcript promptly after the testimony has been typed and bound. Review the transcribed deposition yourself as soon as possible for any corrections. You can discuss them with your attorney but, again, he can’t tell you how to answer or what to say in an errata sheet. Make notes on a separate sheet as you review the transcribed deposition. Take the time to think through your correction before making it on the errata sheet. It’s wise to do a draft and then come back to it. Your errata sheet can “correct’ any mistakes or incomplete answers you made but the original answer is not deleted from the deposition transcript. That is one reason preparation is so important.
After the deposition, if you recognize new matter or problems that weren’t recognized beforehand, bring these to your attorney’s attention.

What Do You Do for a Living?

by Billy DiMonte | Feb 10, 2011

Over the years, friends and people whom I’ve met have asked me what I did for a living; I tried to come up with a phrase that explains our industry better than “court reporting.” Sometimes I would respond by saying, “litigation support” or “attorney consulting.” Unfortunately, neither of those phrases adequately describes what we actually do for a living.

So, how would you describe court reporting and what a court reporting service does? I would describe it as a stenographer translating the spoken word into text with the use of a stenotype machine and computer aided transcription (CAT) software such as ProCat, CaseViewNet or Eclipse. At Planet Depos, all of our court reporters are stenographers who transcribe the spoken word into text. Most commonly, our court reporters perform these services at law firms, hospital, hotels and courthouses and report verbatim proceedings such as depositions, arbitrations, mediations, hearings and trials.

In a deposition setting, the court reporter will administer the oath to the witness and thereafter every word spoken is taken down unless all parties agree to go off the record. Most of the time, the attorneys speak one at a time. It usually goes like this. The taking attorney will ask the witness a question, opposing counsel may object and then the witness answers that question. Sometimes, in a heated exchange, the parties may talk simultaneously. This makes the court reporter’s job quite difficult as she is only able to take down one person at a time. Realtime court reporters are reporters who have achieved the highest skill level and are able to write with almost flawless accuracy.

Once the proceedings have concluded, the court reporter and/or her scopist insert the title, index and certification pages and review the transcript word for word. The final product is then sent to our production facility, where it is subjected to an extensive quality control process and then emailed and/or shipped to our clients.

So when a friend asked me yesterday, “What do you do for a living?” I hesitated and then said to myself, “just tell him what you do. Don’t beat around the bush.” So, I responded by saying,
“We provide court reporting services,” and then explained what it was.

Can You Type 280 Words Per Minute?

by Planet Depos | Aug 13, 2010

Court reporters deserve a lot of respect. Imagine trying to type and keep up with the pace of a regular conversation, let alone when things get out of order and everybody is talking or yelling at once. This video gives a glimpse into the perspective of a court reporter, and a very good court reporter at that.

Visit Planet Depos to find certified professional local and international court reporters and additional services.

Kislingbury Takes Speed Crown for Seventh Time; Deanna Boenau Wins Realtime Contest

by Planet Depos | Apr 11, 2010

Kislingbury Takes Speed Crown for Seventh Time; Deanna Boenau Wins Realtime Contest

Mark Tod Kislingbury, RMR, CRR, of Houston, Texas, won the 2010 Speed Contest for the fourth year in a row. Diane Kraynak, RMR, CRR, of Midland, Mich., placed second and Alan H. Brock, RDR, CRR, of Boston, Mass., placed third in the Speed Contest. This win is Kislingbury’s 7th, which ties Diane Kraynak’s record of most wins.

Deanna Boenau, RDR, CRR, CBC, CCP, of Sarasota, Fla., won the Realtime Contest for the first time. JoAnn Bryce, RMR, CRR, of Castro Valley, Calif., earned second place and Donna Karoscik, RMR, CRR, CCP, of Lancaster, Ohio, earned third place in the Realtime Contest.

View the Realtime Contest results
View the Speed Contest results

Everything You Ever Wanted to Know about Court Reporting

by Planet Depos | Sep 2, 2009

Significant Points

Job prospects are expected to be excellent, especially for those with certification.
Demand for real-time broadcast captioning and translating will spur employment growth.
The amount of training required to become a court reporter varies by specialization; licensure requirements vary by State.

Nature of the Work

Court reporters usually create verbatim transcripts of speeches, conversations, legal proceedings, meetings, and other events. Written accounts of spoken words are sometimes necessary for correspondence, records, or legal proof, and court reporters provide those accounts. Court reporters play a critical role not only in judicial proceedings, but also at every meeting where the spoken word must be preserved as a written transcript. They are responsible for ensuring a complete, accurate, and secure legal record. In addition to preparing and protecting the legal record, many court reporters assist judges and trial attorneys in a variety of ways, such as organizing and searching for information in the official record or making suggestions to judges and attorneys regarding courtroom administration and procedure. Increasingly, court reporters provide closed-captioning and real-time translating services to the deaf and hard-of-hearing community.

There are several methods of court reporting; the most common is called stenographic. Using a stenotype machine, stenotypists document all statements made in official proceedings. The machine allows them to press multiple keys at once to record combinations of letters representing sounds, words, or phrases. These symbols are electronically recorded and then translated and displayed as text in a process called computer-aided transcription (CAT). In real-time court reporting, the stenotype machine is linked to computers for real-time captioning, often of television programs. As the reporter keys in the symbols, the spoken words instantly appear as text on the screen.

Another method of court reporting is electronic reporting. This method uses audio equipment to record court proceedings. The court reporter monitors the process, takes notes to identify speakers, and listens to the recording to ensure its clarity and quality. The equipment used may include analog tape recorders or digital equipment. Electronic reporters and transcribers often are responsible for producing a written transcript of the recorded proceeding.

Voice writing is yet another method of court reporting. Using the voice-writing method, a court reporter speaks directly into a voice silencer—a hand-held mask containing a microphone. As the reporter repeats the testimony into the recorder, the mask prevents the reporter from being heard during testimony. Voice writers record everything that is said by judges, witnesses, attorneys, and other parties to a proceeding, including gestures and emotional reactions. Written transcripts are prepared afterwards from the recordings.

Court reporters are responsible for a number of duties both before and after transcribing events. Stenographic or voice-writing reporters must create and maintain the computer dictionary that they use to translate their keystroke codes or voice files into written text. They may customize the dictionary with parts of words, entire words, or terminology specific to the proceeding, program, or event—such as a religious service—they plan to transcribe. After documenting proceedings, stenographic reporters must edit the computer-generated translation for correct grammar. All reporters are responsible for accurate identification of proper names and places. Electronic reporters ensure that the record or testimony is discernible. Reporters usually prepare written transcripts, make copies, and provide information from the transcript to courts, counsels, parties, and the public on request. Court reporters also develop procedures for easy storage and retrieval of all stenographic notes, voice files, (commonly referred to as “stenograms”), or audio recordings in paper or digital format.

Although many court reporters record official proceedings in the courtroom, others work outside the courts. For example, court reporters, called webcasters or Internet information reporters, capture sales meetings, press conferences, product introductions, and technical training seminars and instantly transmit them to all parties involved via computers. As participants speak into telephones or microphones, the words appear on all of the participants’ computer monitors simultaneously. Still other court reporters capture the proceedings taking place in government agencies at all levels, from the U.S. Congress to State and local governing bodies. Court reporters who specialize in captioning live television programming for people with hearing loss are commonly known as broadcast captioners. They work for television networks or cable stations, captioning news, emergency broadcasts, sporting events, and other programming.

A version of the captioning process that allows reporters to provide more personalized services for deaf and hard-of-hearing people is Communication Access Real-time Translation (CART). CART reporters often work with hard-of-hearing students and people who are learning English as a second language, captioning high school and college classes and providing transcripts at the end of the sessions. CART reporters also accompany deaf clients to events, including conventions, doctor’s appointments, or wherever communication access is needed. CART providers are increasingly furnishing this service remotely, because an Internet or phone connection allows for immediate communication access regardless of location. With CART and broadcast captioning, the level of understanding gained by a person with hearing loss depends entirely on the skill of the court reporter. In an emergency, such as a tornado or a hurricane, people’s safety may depend on the accuracy of information provided in the form of captioning.

Some voice writers produce a transcript in real time, using computer speech recognition technology. Other voice writers prefer to translate their voice files after the proceeding is over, or they transcribe the files manually, without using speech recognition at all. In any event, speech recognition-enabled voice writers pursue not only court reporting careers, but also careers as closed captioners, CART reporters for hearing-impaired individuals, and Internet streaming text providers or caption providers.

Work environment

The majority of court reporters work in comfortable settings, such as offices of attorneys, courtrooms, legislatures, and conventions. An increasing number of court reporters are working from home-based offices as independent contractors or freelancers.

Work in this occupation presents few hazards, although sitting in the same position for long periods can be tiring and workers can suffer wrist, back, neck, or eye strain. Workers also risk repetitive stress injuries such as carpal tunnel syndrome. In addition, the pressure to be accurate and fast can be stressful.

Many official court reporters work a standard 40-hour week, and they often work additional hours at home preparing transcripts. Self-employed court reporters, or freelancers, usually work flexible hours, including part time, evenings, and weekends, or they may be on call.

Training, Other Qualifications, and Advancement

The amount of training required to become a court reporter varies by specialization. Licensure requirements vary by State.

Education and training

The amount of training required to become a court reporter varies with the type of reporting chosen. It usually takes less than a year to become a novice voice writer, although it takes at least 2 years to become proficient at real-time voice writing. Electronic reporters and transcribers learn their skills on the job. The average length of time it takes to become a real-time stenographic court reporter is 33 months. Training is offered by about 100 postsecondary vocational and technical schools and colleges. The National Court Reporters Association (NCRA) has certified more than 60 programs, all of which offer courses in stenotype computer-aided transcription and real-time reporting. NCRA-certified programs require students to capture a minimum of 225 words per minute, a requirement for Federal Government employment as well.

Electronic court reporters use audio-capture technology and, therefore, usually learn their skills on the job. Students read manuals, review them with their trainers, and observe skilled electronic transcribers perform procedures. Court electronic transcribers generally obtain initial technical training from a vendor when the audio -capture technology is placed in service, with further court-specific training provided on the job. In a private company or organization, hands-on training occurs under direct supervision of an established practitioner or firm.

Licensure

Some States require voice writers to pass a test and to earn State licensure. As a substitute for State licensure, the National Verbatim Reporters Association offers three national certifications to voice writers: Certified Verbatim Reporter (CVR), Certificate of Merit (CM), and Real-Time Verbatim Reporter (RVR). Earning these certifications is sufficient for licensure in States where the voice method of court reporting is permitted. Candidates for the CVR must pass a written test involving spelling, punctuation, and vocabulary, legal and medical terminology, as well as three 5-minute dictation and transcription examinations that test for speed, accuracy, and silence. The CM requires additional levels of speed, knowledge, and accuracy. The RVR certification measures the candidate’s skill at real-time transcription, judicial reporting, CART reporting, and captioning, including webcasting. To retain these certifications, the voice writer must obtain continuing education credits. Credits are given for voice writer education courses, continuing legal education courses, and college courses.

Some States require court reporters to be notary publics. Others require the Certified Court Reporter (CCR) designation, for which a reporter must pass a State test administered by a board of examiners.

Other qualifications

In addition to possessing speed and accuracy, court reporters must have excellent listening skills and hearing, good English grammar and vocabulary, and punctuation skills. Court reporters also must work well under time and deadline pressures and be able to concentrate for long periods. They must be aware of business practices and current events, as well as the correct spelling of names of people, places, and events that may be mentioned in a broadcast or in court proceedings. For those who work in courtrooms, an expert knowledge of legal terminology and criminal and appellate procedure is essential. Because capturing proceedings requires the use of computerized stenography or speech recognition equipment, court reporters must be knowledgeable about computer hardware and software applications. Voice writers must learn to listen and speak simultaneously and very quickly and quietly, while also identifying speakers and describing peripheral activities in the courtroom or deposition room.

Certification and advancement

Certifications can help court reporters get jobs and advance in their careers. Several associations offer certifications for different types of reporters.

The National Court Reporters Association confers the entry-level designation Registered Professional Reporter (RPR) upon those who pass a four-part examination and participate in mandatory continuing education programs. Although voluntary, the designation is recognized as a mark of distinction in the field.

A court reporter may obtain additional certifications that demonstrate higher levels of experience and competency, such as Registered Merit Reporter (RMR) and Registered Diplomate Reporter (RDR). The NCRA also offers the designations Certified Realtime Reporter (CRR), Certified Broadcast Captioner (CBC), and Certified CART Provider (CCP), designed primarily for those who caption media programs or assist people who are deaf.

With experience and education, court reporters also can receive certification in administrative and management, consulting, or teaching positions.

The United States Court Reporters Association offers another voluntary certification designation, the Federal Certified Realtime Reporter (FCRR), for court reporters working in Federal courts. The exam is designed to test the basic real-time skills of Federal court reporters and is recognized by the Administrative Office for the United States District Courts for purposes of real-time certification.

The American Association of Electronic Reporters and Transcribers (AAERT) certifies electronic court reporters. Certification is voluntary and includes a written and a practical examination. To be eligible to take the exams, candidates must have at least 2 years of court reporting or transcribing experience, must be eligible for notary public commissions in their States, and must have completed high school. AAERT offers three types of certificates: Certified Electronic Court Reporter (CER), Certified Electronic Court Transcriber (CET), and Certified Electronic Court Reporter and Transcriber (CERT). Some employers may require electronic court reporters and transcribers to obtain certificates once they are eligible.

Employment

Court reporters held about 21,500 jobs in 2008. A little more than half worked for State and local governments, a reflection of the large number of court reporters working in courts, legislatures, and various agencies. Most of the remaining wage and salary workers were employed by court reporting agencies.

Job Outlook

Employment is projected to grow by 18 percent, reflecting the demand for real-time broadcast captioning and translating. Job opportunities should be excellent, especially for those with certification.

Employment change

Employment of court reporters is projected to grow 18 percent, faster than the average for all occupations between 2008 and 2018. Demand for court reporter services will be spurred by the continuing need for accurate transcription of proceedings in courts and in pretrial depositions, by the growing need to create captions for live television, and by the need to provide other real-time broadcast captioning and translating services for the deaf and the hard of hearing.

Increasing numbers of civil and criminal cases are expected to create new jobs for court reporters, but budget constraints are expected to limit the ability of Federal, State, and local courts to expand, thereby also limiting the demand for traditional court reporting services in courtrooms and other legal venues. Further, because of the difficulty in attracting court reporters and in controlling costs, some courtrooms have installed tape recorders that are maintained by electronic court reporters and transcribers to record court proceedings. However, because courts use electronic reporters and transcribers only in a limited capacity, traditional stenographic court reporters will continue to be used in felony trials and other proceedings. Despite the use of audiotape and videotape technology, court reporters can quickly turn spoken words into readable, searchable, permanent text, and they will continue to be needed to produce written legal transcripts and proceedings for publication.

Voice writers have become more widely accepted as the accuracy of speech recognition technology improves. Still, many courts allow only stenotypists to perform court reporting duties.

Increasingly, court reporters will be needed for captioning outside of legal proceedings. Not only is there Federal legislation mandating that all new television programming be captioned for the deaf and the hard of hearing, but all new Spanish-language programming likewise must be captioned by 2010. In addition, the Americans with Disabilities Act gives deaf and hard-of-hearing students in colleges and universities the right to request access to real-time translation in their classes. These factors are expected to continue to increase the demand for court reporters who provide CART services. Although such services forgo transcripts and differ from traditional court reporting, they require the same skills that court reporters learn in their training.

Job prospects

Job opportunities for court reporters are expected to be excellent as job openings continue to outnumber jobseekers in some areas. Court reporters with certification and those who choose to specialize in providing CART, broadcast captioning, or webcasting services should have the best job opportunities. Court reporters who are willing to relocate to rural areas or large cities, where demand for court reporters’ services is very high, should have good job opportunities. The favorable job market also reflects the fact that fewer people are entering this profession, particularly as stenographic typists.

Projections Data

Projections data from the National Employment Matrix
Occupational Title	SOC Code	Employment, 2008	Projected Employment, 2018	Change, 2008-18		Detailed Statistics
Occupational Title	SOC Code	Employment, 2008	Projected Employment, 2018	Number	Percent	Detailed Statistics
Court reporters	23-2091	21,500	25,400	3,900	18	[PDF]	[XLS]
NOTE: Data in this table are rounded. See the discussion of the employment projections table in the Handbook introductory chapter on Occupational Information Included in the Handbook.

Earnings


2012 Median Pay	$48,160 per year $23.15 per hour
Entry-Level Education	Postsecondary non-degree award
Work Experience in a Related Occupation	None
On-the-job Training	Short-term on-the-job training
Number of Jobs, 2012	21,200
Job Outlook, 2012-22	10% (As fast as average)
Employment Change, 2012-22	2,000

Compensation and compensation methods for court reporters vary with the type of reporting job, the experience of the individual reporter, the level of certification achieved, and the region of the country. Official court reporters earn a salary and a per-page fee for transcripts. Many salaried court reporters supplement their income by doing freelance work. Freelance court reporters are paid per job and receive a per-page fee for transcripts. CART providers are paid by the hour. Captioners receive a salary and benefits if they work as employees of a captioning company. Captioners working as independent contractors are paid by the hour.

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