Skip Navigation
Menu

Blog Category: Arbitration

California’s New 7-Hour Deposition Rule

In January of this year, the State of California began instituting Assembly Bill 1875 (CCP Section 2025.290), limiting civil depositions to 7 hours.  Thankfully, California reporters don’t have to worry that attorneys will try to squeeze ten hours of testimony into seven, as the rule states that, “The court shall allow additional time, beyond any limits imposed by this section, if needed to fairly examine the deponent.”

 

There are six exceptions to this rule, including:

  1. employment-related matters,
  2. complex litigation,
  3. expert witnesses,
  4. stipulation among counsel,
  5. corporate designees, and
  6. possible expiration of the witness.

This makes the rule generally equivalent to Federal Rules of Civil Procedure (FRCP) Rule 30, which also allows for time extensions based on fairness and other factors such as those enumerated above.

To aid reporters in complying with this rule, the California Court Reporters Board (CRB) posted a well-authored Q & A of “Frequently Asked Questions,” which begins by letting California’s reporters know that they are not legally required to be the “timekeeper.” However, California’s reporters should be aware that Stenograph’s Case Catalyst has what was originally referred to as a “Texas Timer” (created over 14 years ago when Texas implemented its 6-hour rule) to track examination time.   Eclipse also has a timekeeping tool for its software users.

The difference between Texas’ 6-hour rule and California’s 7-hour rule is that Texas allots six hours per party to examine the witness, while California’s rule asks that all counsel together spend no more than seven hours examining a witness.  For California’s lawyers, this means they must find ways to discover the information they seek before going on record, stipulate to a time extension, seek an order of the court to extend the time, or work together to divide the deposition time fairly and equitably.

Assembly Bill 1875 was passed in an effort to reduce litigation costs, and whether it succeeds in accomplishing that goal remains to be seen.  What it may inadvertently achieve, however, is a renewed civility between plaintiff and defense counsel as they work to divide the time appropriately between all parties.

Do Left-Handed Reporters Have an Advantage?

Among the 21 court reporters who responded to Planet Depos’ inquiry as to who is and who is not left-handed, an amazing 24 percent were south-paws, a statistic rivaling baseball’s 25 percent.   Worldwide, on average, only  1 in 10 people is left-handed.  That’s a mere 10 percent! So the question becomes, why do left-handers appear to be much more well-represented among court reporters?

Nature’s Experiment?  Handedness and Early Childhood Development, a study by NIH, suggests that “left-handedness may be advantageous for specific activities because it brings about a shift of dominance toward the right hemisphere, enhancing visuospatial functioning carried out on that side of the brain (Heilman 2005).”  That same study goes on to discuss an over-representation of left-handers among creative artists, architects, musicians and mathematicians.  Considering the fact that 4 of America’s last 7 presidents were left-handed (57%), the question is do left-handed politicians have an upper hand over their right-handed counterparts?

Court reporting training programs have always considered musicians as having a leg-up in court reporting school because of their already honed hand-eye-ear coordination.  Now that scientists have discovered that language function among righties is localized to the left brain hemisphere among 95 percent of its population, while lefties exhibit only a 70 percent left-hemisphere for language dominance among their population, it seems that people who process language more evenly across both brain hemispheres have an advantage when it comes to reporting — so if you are a lefty, and looking for an amazing career, consider court reporting.  You may just have an edge over your right-handed peers.

Staying Focused with Laughter

Court reporters are required to stay alert for long periods of time. So, how do they do it?  Over the years, reporters develop tricks for staying focused.  Most turn to caffeine and sugar, but the University of Kentucky suggests the healthier, lower calorie option:  laughter.  That’s right — good, belly-jiggling laughter. No more caffeine, no more runs to the bathroom to splash cold water on your face — just laughter.  In fact, the University will tell you that “laughter stimulates both sides of the brain to enhance learning. It eases muscle tension and psychological stress, which keeps the brain alert and allows people to retain more information.” Additionally, for student and veteran reporters alike, laughter might be just the trick you’ve been seeking to finally increase speed and accuracy.

Laughter can not only help reporters stay focused, but it also burns calories. In fact, according to Weight Loss Resources, “just 15 minutes of laughter a day will burn 10 to 40 calories, depending on a person’s weight and the intensity of the laughter.”  People who are good humored, who laugh, and make others laugh, also come across as more alluring or attractive, which is great news, too, right?

It gets better.  A University of Maryland Medical Center study indicates that “laughter is linked to healthy function of blood vessels.” Michael Miller, M.D., Director of Preventive Cardiology at the University of Maryland Medical Center and Associate Professor of Medicine at the University of Maryland School of Medicine, indicated that “At the very least, laughter offsets the impact of mental stress, which is harmful to the endothelium,” and that the change in the endothelium “was similar to the benefit we might see with aerobic activity.”  So clear were the results of the University of Maryland study, that Miller says, ‘The recommendation for a healthy heart may one day be exercise, eat right, and laugh a few times a day.’”

To be your level best all day long, begin working laughter into your workday breaks by either reading jokes or watching funny videos; and while everyone else is filing back into the conference room or courtroom still tense because they’ve filled up on caffeine and sugar, you can relax, because you’ve filled up on laughter.  Who would have ever guessed that laughter really is the best medicine?!

Marketing “What You Can Do”

In 2014, as a court reporter, you are more indispensable to the legal community now than ever before, as you are relied upon for your ability to:

•  take verbatim testimony,

•  have the testimony appear instantaneously on an iPad,

•  disseminate a real-time feed to participants locally and remotely,

•  provide instant rough ASCIIs

•  provide final transcripts within hours of the completion of the proceeding.

These skills are your greatest, most important endorsement, and it is up to you to let counsel know “what you can do.”

Whatever your niche, make counsel aware of the services you provide by including them on your business card and/or LinkedIn profile and generally integrating that information into your interaction(s) with him/her either on the job or wherever you happen to run into them.

Sign up on social networking sites to receive the discussion threads for the Bar Associations in your area.  You’ll learn a lot and will probably find that you have excellent insights to share.  Use those threads to follow and attend events, such as happy hours and golf tournaments.  When you arrive, introduce yourself and network.  You are your best advocate and publicity tool.   As a court reporter, you have an entire skill set that counsel needs in order to win his/her case.

New Court Reporters & Taxes

What every new freelance court reporter should know about being self-employed and paying taxes begins with investing in good expense tracking software. From there, reporters should begin keeping . . .

  • a good record of everything you purchase to do your job. This includes: paper clips, pens, exhibit stickers, ink, steno and transcript paper, transcript covers, steno machines, computers, printers, ink cartridges, staples/staplers, envelopes, stamps, FedEx/UPS/USPS expenses, et cetera
  • a log of the miles traveled on your car
  • all automobile maintenance records
  • all parking, bus and subway receipts
  • cell phone bills
  • a record of any notary public fees and expenses and when they will expire

If you have set up an area of your home as your “home office,” track . . .

  • your electricity, water, heat, and trash removal expenses
  • any repairs made on your home
  • your rent/mortgage payments.

Set aside 30 percent of every paycheck so that you will be able to file quarterly estimated tax returns. When calculating how much you will have to pay, determine what percentage of your cell phone and car is utilized in the performance of your job, as you will be able to deduct that figure from your estimated taxes. Before deducting that portion of your mortgage attributable to your home office, you will want to review the tax implications associated with selling a home that is used partially for business. Even if you are not clearing a substantial sum after expenses, file your quarterly estimated tax returns, because failure to file can result in a substantial penalty.

Starting off on the right foot with the IRS from the outset is important, as you are now officially a self-employed professional. If you find you won’t be able to get your tax returns together in time for one reason or another, file for an extension, but don’t ever skip a filing. This blog is not meant as an all-inclusive guide to filing tax returns, but as merely a Quick-Start Guide for new freelancers. Reporters will want to consult their tax preparer/accountant for more information.

The Do’s and Don’ts of Transcript Punctuation

Delivering the intended meaning of testimony demands the correct usage of punctuation, which, of course, is the responsibility of the court reporter. Punctuation was originally developed in Greece and Rome by speech writers who were attempting to convey when the orator was to pause and for how long. The period symbolized the longest pause (or beat), and the comma, the shortest. Each punctuation mark has its own history, and the rules of punctuation have evolved and continue to evolve over time.

What reporters need to keep in mind when punctuating transcripts is that the rules are not altogether the same as those put forth in the Oxford Dictionary. Let’s begin with quotation marks. We use them to quote material cited or read into the record.  The Oxford Dictionary guide suggests using a colon followed by a single inverted comma, or quotation mark. Another guide suggests using the colon before quoted material if the material citation is more than three lines in length.

Reporters vary in their styles of handling quoted material. For instance, some reporters choose to avoid placing quotes around material that is read into the record and opt instead to place commas around the quoted material. Other reporters choose to verify the quote from the document read and place quotes around it. As for the words “quote/unquote,” some reporters choose to apply the quotation marks, while others choose to include the words as spoken, including the words “quote” and “unquote” with no quotation marks.

Reporters do not use ellipsis in transcripts to indicate an interruption in thought or incomplete sentence; instead, we use the double hyphen or dash. Remember, when inserting the dash, do not capitalize the word following the dash unless the word would otherwise be capitalized, such as a proper name.

Commas are used: (a) to separate elements in a series with three or more items. The comma before the conjunction is optional; (b) to set off tag clauses, introductory and parenthetical elements; (c) to separate cities, states and countries and coordinating adjectives; and (d) to set off quoted elements, contrasting phrases, and to avoid confusion.

Although many courts ask that reporters italicize or underline case names, some court reporting translation programs have difficulty identifying italicized and underlined elements in keyword searches and indexes; so reporters should learn the software limitations, if any, and work around them with quotation marks.

One missed comma can change the entire meaning of a sentence, so it is important that reporters include as much punctuation as possible while taking the testimony, thus reducing the possibility of a comma catastrophe. When in doubt, dashes are a wonderful tool.

Surviving Court Reporting School

According to a 2006 National Court Reporters Association report, on average, just 5 to 10 percent of students who enroll in court reporting schools graduate. While court reporting programs across the country are working to improve that statistic, Planet Depos wishes to share the following tips for aspiring court reporters:

1) The average amount of time it takes to complete a certified realtime reporting program is 33 months, so plan accordingly.

2) Use memory games to build your memory and improve your brief retrieval capability.

3) Keep up with the local, national and international news.

4) Build your English vocabulary by becoming an avid reader and looking up words you do not know.

5) Learn medical prefixes and suffixes, as well as legal terminology.

6) Network with other court reporting students.

7) Allot at least two hours, six days a week, to practice.

8) Customize a speedbuilding regimen that starts with a warm-up and a cool-down that works for you, e.g.:

a) Read and stroke briefs.
b) Drill briefs using audiotapes.
c) Begin practicing below target speed.
d) Build speed incrementally with short takes.
e) Master brief takes, then work on longer takes at speed.
f) Practice doing ten-minute takes at speed to increase stamina.
g) Read back every second or third take.
h) Cool down with briefs and drills.
i) Read back your best and worst takes, figure out what went wrong, and apply that insight the next time you write.

9) Practice writing dictation that includes engineering, medical, and patent terminology, as well as proper names.

10) If you can’t remember a brief, write it out.

11) Every 20 minutes, take your hands off the steno machine and get a drink of water, stretch, or go to the bathroom, and come back refreshed every 20 minutes.

12) If you are beginning to write sloppily, lower the speed of your drills and build from there.

13) Never repeat something mentally before stroking it.

14) Never watch your hands. Focus on a spot in the room, and concentrate on the sounds as if it was music flowing through you.

15) Beat tension with hand, wrist, arm, neck and shoulder exercises, as well as breathing exercises.

16) Create realistic goals.

Court reporting is just like a foreign language. To become proficient, it takes immersion. If you immerse yourself several hours a day with a practice regimen that works for you, you will progress. If you are not progressing, review your routine and tweak your practice regimen accordingly.

Passing the Registered Professional Reporter Written Knowledge Exam – A Few Tips

The written knowledge portion of the National Court Reporters Association (NCRA) Registered Professional Reporter exam consists of 110 multiple-choice questions covering reporting and professional practices, medical and legal terminology, and technology. Reporters must score 70 percent (77 of the 110 questions) or higher to pass. Here are a few tips in preparing to take the exam:

(a) Begin with learning basic court reporting terminology and technology terms.

(b) Gain an understanding of the court system, courtroom procedures, transcription, and legal terminology by reviewing state-sponsored court reporting manuals/handbooks, such as those conveniently provided on-line by Alaska, Arizona, Indiana, Maryland and Missouri.

(c) Review NCRA’s Code of Professional Ethics.

(d) Learn medical prefixes and suffixes and human anatomy.

(e) Expand your legal vocabulary.

(f) Hone your grammar and punctuation skills.

(g) Learn how to transcribe case citations.

(h) Review sample written knowledge exam questions, such as those from the Certified Shorthand Reporter exam administered in the State of Illinois.

(i) Log on to Pearson Vue, download the tutorial, and develop an understanding of how the test will be administered, how to flag and unflag questions, and how to submit the exam.

Registration for the next NCRA written knowledge exam is open until July 3rd and reopens in September for the October exam. Reporters must report to a Pearson Vue Professional Test Center to take the exam.

There are many workbooks, study guides, and flashcards available to purchase, in addition to the resources provided here. The key is giving yourself enough time to learn everything without cramming. Study an hour a day for a few months prior to the exam, and you should be all set.

Neck & Shoulder Relaxation Exercises for Court Reporters

Court reporters are required to sit in one position and concentrate for extended periods of time, which is why many tend to develop neck and shoulder tension. Harvard University reports that seven out of ten people will experience neck and shoulder pain at some point in their lives. Julie Donnelly, a contributing writer for the College of Court Reporting’s “The Guardian” newsletter, reports that our levator scapulae muscles, otherwise known as our “shrug” muscles, tend to shorten as we write for long periods of time, which may cause shoulder discomfort and headaches.

To minimize neck and shoulder tension/discomfort, as well as tension-type headaches, Stanford University suggests taking frequent breaks or microbreaks. Unfortunately, court reporters may not be able to take breaks often, so Planet Depos thought it important to pass on this simple set of neck and shoulder exercises by Fitsugar.com that may be performed while at your writer.
1. Inhale and lift your shoulders toward your ears, taking three slow counts to raise them. Exhale and let your shoulders fall, giving into gravity. Repeat five times.
2. Gently lower your right ear toward your right shoulder, then slowly switch sides. Don’t hang in any one position for too long, as this isn’t really a stretch — super-tense neck muscles don’t like to be stretched. Just try to get your stiff, tense neck moving around. Repeat five times on each side.
3. Tuck your chin toward your chest, taking three slow counts to do so. Really isolate the movement so just the neck is moving; don’t round the upper back. This move provides a stretch for the muscles in the back of the neck. Then lift your head and lower it behind you, gazing at the ceiling to stretch the throat. Repeat three to five times.

A quick stretch that may be performed during a pause or lull in the testimony provided by VerbatimStudies.com entails stretching your right arm in front of you and across your chest, as if you were grabbing something on your left side, bringing your left arm over and in front of your right arm, gently hugging your right arm in towards your chest, and then repeating this stretch for the other arm/shoulder.

These exercises are meant to help relieve tension, not to address painful repetitive stress issues. If you are experiencing neck and shoulder pain, please consult your physician.

Harvard Medical School suggests that “A Little Dose of Exercise Goes a Long Way,” so even doing just two or three of these stretches every day is better than not doing any at all. Please consult The University of Toronto’s Workplace Exercises for a more comprehensive set of stress-relieving stretches.

Hand, Wrist & Arm Exercises for Court Reporters

Because: (a) Princeton Review indicates that as many as 25 percent of those who leave the court reporting profession leave due to stress, (b) The Mayo Clinic reports that, “a little exercise goes a long way” when it comes to stress management, and (c) Stenograph suggests that reporters “take frequent breaks to stretch or exercise” while on the job, we thought it important to share this list of quick and easy arm, hand and wrist relaxation exercises that can be done anywhere at any time.

Reporters should not perform these exercises if they are experiencing any sort of hand, wrist, or arm pain, but should consult their physician instead.

Circles: Stretch both arms outward with fingers together and draw a circle with your hands, rotating them at the wrist. Five circles in one direction, then five in the opposite direction.

Extension: Hold arm outward with palm facing down. Raise the hand up as though you were telling someone to stop. Using the opposite hand, apply pressure to the palm of the raised hand. Hold pressure for five seconds, then relax. Repeat for a total of three times per hand.

Curls: Hold arm outward, with the palm facing down. Drop the hand downward at the wrist. Using the palm of the opposite hand, apply pressure to the back of the dropped hand. Hold pressure for five seconds, then relax. Repeat three times per hand.

Stretches: Spread the fingers of both hands far apart. Hold for five seconds, then relax. Repeat for a total of three times.

Thumb Stretches: Raise the arm out with the palm out/up as if telling someone to stop, and gently apply pressure using the other hand to the extended thumb in a back and downward direction. Hold for five seconds and relax. Repeat this three times per hand.

Stenograph offers an even more comprehensive list of things reporters can do to stay relaxed and maintain their hand, wrist and arm health while on assignment.

Archives

Planet Depos

Planet Depos

Pin It on Pinterest