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Blog Category: Arbitration

The Evolution of Stenography

The word “stenography” comes from the Greek words “steno,” meaning “narrow,” and “graphie,” meaning “writing,” and refers to abbreviated versions of writing the spoken word. Stenography dates back to the Parthenon and the mid-4th Century BC, and has been in use worldwide for hundreds of years. In 1877, Miles Bartholemew invented the first machine for writing shorthand, and in 1879 patented it. Between 1877 and the early 1970s, court reporters were required to either transcribe their stenographic writing from the paper tape they’d created on their shorthand machines or dictate it for typists.

The court reporting profession was transformed in the 1970s when the first computer-aided transcription system was invented, enabling reporters to stenographically record the written word simultaneously to a paper platen and a magnetic tape, which was then “read” by a mini-computer, which then translated the reporter’s machine shorthand into English. This process alleviated the need for the reporter to type or dictate his or her notes and greatly streamlined the transcription process.

In the 1980s, the court reporting profession underwent yet another transformation, as computerized court stenography became the technology used to provide closed captions for television broadcasts, thus propelling court reporters into an entirely new field.

In 1992, realtime captioning became a readily available tool for the deaf and hard-of-hearing community, as the first easily transported court reporting machine and computer were developed to provide Computer-Aided Realtime Translation, or CART, now referred to as Communication Access Realtime Translation. This mobile setup enabled court reporters to provide realtime translation of the spoken word in most all venues, including the courtroom, deposition suites, classrooms, seminars, workshops, sports stadiums, and conventions.

Today’s realtime court reporter is one who is expertly trained in “writing” an accurate and complete verbatim translation of the spoken word within any setting.

Appreciating a Court Reporter’s Skill Sets

Court reporters must “write” (stroke) between 225 and 280 words a minute on a court reporting machine in order to become certified by the state in which they practice or to receive a nationally recognized certification by the National Court Reporters Association.

Although each state has its own certification criteria, most of them mirror the criteria established by the National Court Reporters Association. There is a lot of discussion among court reporters these days about the lawyers and witnesses speaking faster and faster. So how do reporters get it all down?

Stenographic court reporters are taught machine shorthand; that is, they learn how to write on a stenotype machine, which is a uniquely designed machine with keys representing certain letters of the alphabet. You might be surprised to learn that  not all letters of the alphabet are represented by a key on the machine; the reporter must press down two or more keys simultaneously to represent those letters or “sounds.”  The best way to understand how the stenotype machine works is to compare it to a piano. If one key is depressed, you have a note; if multiple keys are depressed, you have a chord.

Learning to write on a stenotype machine is like learning an entirely new “language” and alphabet. Court reporters write what they hear phonetically, depressing multiple keys simultaneously to represent the sounds, syllables or words they hear. The stenotype machine is connected to a laptop computer which contains a steno-English  “dictionary,” which is software customized by the court reporter to their writing “theory.”  It should be noted that a court reporter’s writing is individually unique.

No two reporters write exactly alike.  Words that are not in the court reporter’s dictionary will be translated phonetically or will appear in stenotype language on the court reporter’s laptop or the attorneys’ laptops receiving the realtime feed from the court reporter.

The stenotype keyboard is divided into four distinct areas: The number bar located across the top of the keyboard; the left and right side of the machine, each with an upper and lower bank; and the vowels, which are located at the bottom center of the machine. The left side of the machine, upper and lower banks, represent the consonants used to begin words or syllables; and the right side of the machine, upper and lower banks, represent the consonants used at the end of words or syllables. Left fingers are placed in the middle of the two banks on the left; right fingers are placed in the middle of the two banks on the right, and each thumb controls two vowels on either side.

A court reporter will depress a combination of keys on the left and/or right side of the machine in order to create the sound of a single consonant. As with the consonants, the court reporter will also depress a combination of vowel keys to represent different sounds, such as long and short vowels.  Due to the intricacies of the machine and the skill itself, if a reporter misses even a single key or depresses an incorrect key, an entirely different consonant or vowel may be translated by the dictionary, resulting in an incorrect “translation” of the intended word. To illustrate how this works, the word “world” is written by depressing the W-O-R-L-D keys simultaneously, with the left ring finger depressing the W key; the left thumb depressing the O key, the right index finger depressing the R key; the right ring finger depressing the L key and the right pinky finger depressing the D key. The three-letter word “net” is a bit more complicated, since there is no N represented on the left side of the keyboard.  N on the left side of the keyboard is represented by simultaneously depressing the T-P-H letter combination. Therefore, in order to write the word “net,” the reporter must depress the following keys at the same time: T-P-H-E-T. If the reporter doesn’t press down hard enough on the initial T, or if the reporter does not depress the T key at all, or if the reporter depresses the S key instead, it will cause a mistranslate (wrong word) or an untranslate (no dictionary match). For example, “met” instead of “net” or S-P-H-E-T will appear on the realtime feed since the dictionary will likely be unable to translate the word into English.

To complicate matters further, the reporter must hear and understand the word and depress the correct keys within a split second (or less) of hearing it.  It’s a sort of mental gymnastics that the reporter must do with every word spoken – hearing, understanding, writing, and anticipating the translation. Court reporters cannot become Certified Realtime Reporters (CRRs) unless their  translation rate meets a minimum 96 percent accuracy rate for a 5-minute dictation. Certified Realtime Reporters have achieved this level of expertise through nothing short of perfecting their writing and refining their software.

Court reporters must also have exemplary English skills, an expansive vocabulary, a strong work ethic, and the ability to focus for hours on end. Court reporters serve a vital role in the judicial process. In fact, the State of Wisconsin dedicates an entire week to appreciating its court reporters.

Planet Depos would like to take this opportunity to thank its court reporters for their ongoing commitment to improving their skills and providing accurate verbatim transcripts for our valued clients.

Trial Presentation Software that Works

Trying to determine which trial presentation software to purchase and utilize in the beginning to create and present hi-tech cases for judges, juries, mediators, and arbitrators can be a daunting task, because they all seem to offer similar capabilities. While some may offer more bells and whistles, others may be less feature-intense and more user-friendly. Here is a short synopsis of some of the features available in Sanction, Trial Director, Visionary Pro 8.5 and PowerPoint to assist you in determining which legal software presentation package will work best for you. In Ted Brooks’ Sanction 3 software review blog, he discussed these features of this LexisNexis software: Sanction 3

  • Graphics tools for annotating exhibits
  • Rotate and annotate PDF’s
  • Multi-page document display available in thumbnail format
  • Videotape clip tool with colored issue codes
  • Easy video clip text redaction
  • Database management in grid-view format
  • Collapsible side-bar
  • Context-sensitive ribbon menus
  • Carousel feature allowing for adding and rotating exhibits
  • Single or dual screen presentation module
  • On-line synchronization service
  • Microsoft Access databases enable easy portability
  • Integrates with several industry-recognized third-party applications

Trial Director, created by inData, now owned by Ipro, offers these key features in its trial presentation software: Trial Director

  • Grid-view for building, editing, sorting and managing large databases
  • Coding in databases using tabs
  • Simple video clip creation via: page: line, start: end or text selection with the clip wizard and segment editor
  • Fast, precise clip editing.
  • Visual display waveform editor
  • Document explorer for searching exhibits with either an exhibit number or barcode
  • Dual screen mirror mode feature for working in one document/screen while displaying results on the other screen
  • Flash Animation for moving presentations

Visionary 8 Pro enumerates its features on its site: Visionary Pro 8.5

  • Issue builders
  • Full text search
  • Configurable document database for easy coding, indexing and searching
  • Video-text synching for scripted presentations
  • Easy removal of text and video
  • Auto-syncer voice recognition audio-video synchronizing tool
  • QuickSync for synching, uploading or sending transcripts and video/audio
  • Scan for generating and organizing TIFF and JPEG documents
  • Transcript Utility tool standardizes and imports transcripts into Visionary Auto-Syncer
  • Viewer for synchronized audio-video transcripts and for hyperlinking exhibits and documents
  • Search, find and present on the fly
  • More than one million documents per case capacity
  • Export presentation as an .html file
  • Bates numbering
  • Desktop optical character recognition (OCR)
  • Export to PowerPoint
  • Play .mdb files
  • Track deadlines via Quick Sync

DK Global, the makers of the TrialTouch app for the iPad, offer the following insights into its features: TrialTouch

  • iPad platform
  • Easy touch-screen technology
  • Colored tabs for separating documents to organize files.
  • Search document database for file by name or description
  • Upload videos and any relevant trial exhibits directly to the iPad.
  • Print exhibits via WiFi.
  • Present, redact, highlight, and zoom documents at trial,
  • Project video reenactments, animations, and photographs
  • Assign exhibits to witnesses.
  • Organize exhibits with the ‘exhibit binder’ feature
  • Manage multiple trials at once
  • Upload and download content wirelessly
  • Navigate through entire case
  • Synch from anywhere via cloud servers
  • Optimize illustrations, videos and medical animations
  • Quick-browse exhibit locater
  • Download documents, photos, x-rays, depositions, briefs anywhere there is a 3G or WiFi connection

PowerPoint

Ted Brooks, renowned trial consultant, speaker and law technology writer, discussed a side-by-side comparison of the top legal software packages that he presented to the National Court Reporters Association in Atlanta, and indicated that “Any of them will do the job far better than attempting to present evidence using something like hard copies of your exhibits with an ELMO (electronic document camera) or PowerPoint. When they were compared on three screens at the same time, TrialDirector was clearly ahead of the pack – at least for now.” He also suggested that “it is not a good idea for an attorney to attempt to run a trial presentation program while trying to focus on examining a witness and connecting with a jury.” When you have decided which legal software package to purchase, Planet Depos’ trial consultants can help you learn how to work within that platform, build the case you envision through impactful, memorable presentations, and assist you in court with the technological aspects of your presentations, enabling you to focus wholly and completely on connecting with the judges, jurors, mediators and arbitrators.

What Trial Presentation Consultants Can Do For You

Planet Depos’ professional, dynamic, highly experienced trial presentation consultants create impactful presentations that leave a lasting impression on the judge, jury, arbitration panel or medical review board that will be determining the outcome of your case. Rich Kirchen of the “Milwaukee Business Journal” points out how “Taking Technology on the Road to Win Cases” has enabled Rick Gass, 69, to “sway the jury his client’s way” and keep clients knocking on his door. Thanks to Gass’ ability to integrate state-of-the-art technology into the way he communicates with juries, “His services are in greater demand nationwide today than ever before in his career.”

In Christopher Contois’ blog post “Ten Steps to Creating a Winning Trial Presentation,” he explains the intricacies of putting together winning presentations with today’s trial software, and suggests beginning with getting organized. Once you and your litigation team outline the key messages you’d like to convey, Planet Depos’ trial consultants will assemble documents, video clips and images into powerful opening statements and closing arguments utilizing:

The slides, as highlighted by Microsoft PowerPoint in their article, “Winning at Trial with a Dynamic PowerPoint Presentation” are one of the many types of presentations that our trial consultants can build. Christopher Egan, in his article “Technology in Trial – Using Technology to Persuade Four Generations,” suggests telling your story with technology by creating exhibits with highlighting, ones that incorporate arrows and use magnification to call attention to specifics. He also suggests incorporating timelines and synchronized text-to-video transcript clips both as evidence and as an integral part of your closing argument.

William B. Smith and R.J. Waldsmith, in their article “Winning the Close Case and Increasing Your Damages with Technology” wrote “Technology helps overcome juror bias. An effective presentation highlights the favorable evidence, which reduces the risk that traditional juror biases will affect the result. A juror who may not initially support your case is more likely to change his or her mind based on visual information rather than verbal information” because “visual presentation allows you to break down these biases with clear messages and repetition” and “A multimedia presentation allows you to switch from a photo to a video to an anatomic model and back to another photo in a few clicks on a computer mouse,” where the old flip chart and printed exhibits are cumbersome and outdated. With the expertise of the Planet Depos’ trial consultants, “There is no need to stop everything to turn on a video tape player or to let a projector warm up.” Smith and Waldsmith indicate, “When done properly, it is virtually seamless,” and that is what our trial consultants will do for you, create seamless presentations that jurors expect and desire.

Once we create the visual presentation for you, we can also assist in presenting your case throughout the duration of the trial, or we can simply provide the necessary equipment for you to use in advancing your case. We have the laptops, flat-screen monitors, ELMOs and iPads you need to display documents and video clips, as well as all the speakers, switches and cables necessary to move quickly between video evidence, slideshows, photographs, diagrams, and transcript excerpts, as highlighted here in TrialDirector.

Even if you have your own equipment, consider renting backup equipment from us to prevent a possible hardware or software disaster that may destroy the jury’s focus and concentration.

Preparation is key, which is why our trial consultants can work with you and your team on the complexities of navigating from one type of audio-visual display to the other.

Don’t be afraid to leap into state-of-the-art trial presentation. Planet Depos is here to make the transition an easy one and provide more information than ever before in a manner that helps the judge, jury, arbitrators or medical review board feel more like the “active participants” that William B. Smith and R.J. Waldsmith suggest they prefer being, and that wins cases in this technologically savvy world.

What is a Trial Presentation Consultant?

Trial Presentation Consultants are members of Planet Depos’ highly trained and experienced technical team. They are skilled at working with law firms and their staff to develop powerful presentations for viewing by judges, juries, arbitrators, mediators, and medical review boards. For law firms big and small, a trial presentation consultant can be a lifesaver because he/she will meet with you, storyboard the presentation you have in mind, retrieve or create a digital copy of the documents, audiotapes, and videotapes, and seamlessly put together presentations that tell a powerful story and win cases.

Making presentations unforgettable is the key to winning cases. Christopher Egan wrote in “Technology in Trial – Using Technology to Persuade Four Generations” “Research shows that frequent use of technology has shaped . . .” Millennials and Generation X’ers “. . . into visual learners that prefer efficient communication styles.”

In his article, “Visual Impact: Making Your Case Evidence Shine with Legal Technology,” well-known legal technology consultant Timothy Piganelli points out that 65% of the population tend to remember things they have both heard and seen within 72 hours of both hearing and seeing it, while only 10% remember what they’ve heard in that same time period.

Christopher Egan writes how counsel now have “four different generations to consider when preparing for trial: Matures – Born 1928-1945; Baby Boomers – Born 1946-1964; Generation X – Born 1965-1980; and Millennials – Born 1981-1993.” Egan went on in his paper to indicate that:

  • “Technology can help trial attorneys communicate with all four of these generations.
  • “Technology improves the efficiency and effectiveness of courtroom presentations. The digital format alone allows attorneys to move quickly between exhibits. More importantly, trial software allows attorneys to present evidence in new ways.
  • “Exhibits can be highlighted, drawn on, magnified and compared during trial.
  • “Absent witnesses can be presented via deposition video synched with transcript text.
  • “Complicated transactions and concepts can be illustrated with graphs and charts.”

Egan discussed that “While these techniques can help attorneys communicate more effectively with all generations, these techniques are critical for Generation X and Millennials. These generations have incorporated technology into every aspect of their lives. Technology affects the way these groups learn and communicate.”

Court Technology’s Trial Presentation blog, “Anatomy of an Award-Winning Trial Exhibit” drives home how very powerful trial presentations win cases in this series.

Well-respected trial consultant Ted Brooks shared a recent experience with trial counsel utilizing technology for the first time and winning a $5.5 million verdict.

Planet Depos’ experienced trial consultants will work with you and your staff to create powerful presentations utilizing: Sanction, Trial Director, Visionary or Power Point. Our team of seasoned professionals can import your documents, digitize and synchronize your transcripts with the videos, and create video clips for effective opening statements, closing arguments, jury instructions and exhibits. Our specialists will work with your team closely to understand all of the intricacies of your case and will create engaging visual presentations that will help you convey your message in a compelling way.

Whether you need just equipment rental (laptops, projectors, large screens, an ELMO or an iPad) or the assistance of an experienced trial consultant in the courtroom from start to finish, or anything in between, you can rely on your trusted partners at Planet Depos to help you every step of the way.

Utilizing an experienced trial consultant provides law firms a distinct advantage: Someone on their team who likely has more trial experience than many of the lawyers in the case. Mark Wilson’s blog “Multimedia: An Unforgettable Trial Presentation” stresses the importance of preparation and the ability to instantly and seamlessly access and present evidence utilizing state-of-the-art trial technology.

Christopher Contois’ blog post “Ten Steps to Creating a Winning Trial Presentation” explains the intricacies of putting together winning presentations with today’s trial software presenters and will provide you with the information you will want to have in hand or in mind when meeting with Planet Depos’ Trial Presentation Consultants or preparing your own presentation.

Don’t forget to check out our video here.

Daily Practice for Working Court Reporters

By Lee Bursten, CRR, RMR

All court reporting students must practice in order to get through reporting school. Passing successively faster speed tests requires hours of daily speed and accuracy practice. But what happens after they graduate and begin working? After years of putting in the enormous effort of practicing for speed tests, why would a working court reporter want to continue practicing?

One reason is to gain local or national certifications. Certifications from the National Court Reporters Association, such as the Registered Professional Reporter (RPR), Registered Merit Reporter (RMR), and Certified Realtime Reporter (CRR) require passing speed and accuracy tests, and most reporters who take these tests recognize the importance of practicing for them starting weeks or months in advance of test day.

But there is another reason to practice – simply to maintain and improve our skills so that we can perform excellently on the job.

For most of my 24-year career, it never would have occurred to me to practice after I graduated from school. I was working – why should I practice?

But a few years ago I realized that I need to shorten my writing, and I also felt that my speed could use a bit of work. I joined Mark Kislingbury’s Magnum Steno Club (which entails a $29.95 a month pay-as-you-go subscription). Mark makes a new 10- to 20-minute dictation video every weekday, including holidays, which can be played by streaming from his website at any time. Members can access his archive which, since he’s been at it for several years, now contains thousands of dictation videos. Members can also access his library of instructional and motivational videos, which includes a great deal of material to help reporters write shorter by learning thousands of word and phrase briefs.

The huge insight I learned from Mark was how important it is for working reporters to do daily practice, including both high-speed dictation and practicing briefs. Since joining the Magnum Steno Club, I’ve shortened my writing by about 40% and increased my speed and accuracy so that I could easily pass the CRR and RMR certification tests.

And what a difference it makes on the job! Of course there are still rough spots, but far fewer than I had before I started daily practice. I struggle much less while writing on the job, and spend much less time editing my work. And I feel much more comfortable when a deposition starts – since I’ve practiced at home before coming to the job, I’m already warmed up and ready to go. I usually spend about 15 minutes on speed work and five minutes on brief practice, although I’ll spend more time on briefs on the weekends.

Over the course of my career I’ve met some reporters who have developed an attitude that they are already great reporters, so they don’t need to practice. These kinds of reporters will never admit to writing anything less than perfectly or of needing to check their audio backup because they dropped something.

To my mind, a reporter who is practicing every day and doing their utmost to improve their skills is a better reporter than one who thinks they don’t need to practice. That reporter who is willing to put in the time and effort to self-improve is the same reporter who will go the extra mile to get an accurate spelling or to turn in a complicated job correctly.

I also feel it is psychologically healthy to practice. Now that I practice daily, I certainly feel more comfortable and confident on the job. There’s so much in life that lies outside our control, so having at least one thing that we do have control over – our own skill level – is invaluable.

High-speed dictation and briefs practice isn’t easy. In fact, it can be quite challenging. But challenging yourself is necessary in order to improve your skills. To quote an old English proverb that I heard on one of Mark’s dictations: “A smooth sea never made a skillful sailor.”

There’s nothing quite so gratifying as setting a challenge for oneself and then meeting that challenge. It’s the easiest way I know of to feel good about oneself. Now, imagine experiencing that good feeling every day!

So I encourage all working reporters to do daily practice. No matter what your skill level is, no matter what kind of reporting you do, no matter how many years you’ve been reporting, there is always room for improvement, and there are always continued benefits to be had from daily practice.

The Magnum Steno Club is what works best for me, but if it doesn’t work for you, there are plenty of ways to practice. Speed dictation is available from the NCRA and from other vendors on the Internet. You can buy a variable-speed tape recorder, or audio software which allows you to change playback speed, and record CNN or C-SPAN and speed it up so that you’re writing substantially above your comfort zone. The point isn’t to write perfectly but to get your fingers and brain used to high speeds, so that when you write at lower speeds, it sounds slow in comparison.

Shortening our writing by learning many new word and phrase briefs is also important and makes a tremendous difference on the job. Mark’s “Magnum Steno Book” and his instructional videos are a great resource, and you can find briefs for common words and phrases in other books as well and on the Internet.

In sum: I realize it may be hard to find the time in our busy lives, but we do tend to find time for the really important things. I believe daily steno practice is one of the most important things we can do for ourselves and our careers. If you’re not already practicing every day, give it a try and see for yourself!

How Can a Realtime Reporter Benefit You?

Once an attorney has used realtime, they quickly realize they don’t want to attend a deposition, arbitration or trial without it because they have everything right there, at their fingertips, easily searched, marked and retrieved. Without it, they feel as if they are at a disadvantage, like being without their cell phone, because they have no opportunity to review previous testimony, mark issues, or to search forward or backward in the transcript.

David Feldman’s blog post offers a quick demonstration of what a realtime feed looks like, and in that feed, it should be noted that the proper names are translating correctly. Proper names will only translate correctly if they are programmed into the court reporter’s dictionary. Counsel can assist by providing the agency or court stenographer with a list of proper names and matter-specific vocabulary prior to the proceeding.

The benefits of a live realtime feed or streaming realtime text are many, and include the following:

  • With a live realtime feed, counsel may read back the witness’ response and determine whether or not the witness actually answered the question or danced around it. If the witness was evasive, counsel can immediately address the issue at that moment, and press the witness for a responsive answer.
  • Subject matter experts in off-site locations may receive streaming realtime and provide input via secure instant messaging (IM), alleviating expert travel costs and allowing for superior team collaboration.
  • The realtime feed may be searched, marked, annotated and reviewed by associates and support staff during the proceedings to ensure important follow-ups are not overlooked.
  • Non-examining counsel may mark issues to be addressed in their examination and use the realtime feed to determine whether a question was objectionable or needs to be clarified or expounded upon.
  • At the conclusion of the proceeding, counsel walks away with a rough, uncertified but very usable transcript to utilize in preparation for the next day’s proceedings.
  • The ability to attend depositions remotely, eliminating travel costs
  • Using the marking and annotation features reduces the time it takes to summarize transcripts

Daryl Teshima’s article in Los Angeles Lawyers Magazine offers more information and advice for counsel considering whether to begin using this technology. Free realtime viewing software (CaseViewNet and Bridge) now allow counsel to receive the realtime feed on an iPad or iPhone. The free realtime viewing software is simple to use and requires no training.

Litigators interested in using realtime for the first time, as well as those who prefer not to travel with their own laptops, are advised to request that the court reporter bring an extra laptop or iPad with the free realtime software installed, as this will avoid any technical difficulties or delays in the start of the proceeding.

While the English translation of the reporter’s strokes appear within a second or two of the words being spoken, counsel should note that the realtime feed is an unofficial, unedited transcript, and will, therefore, have no title or signature page, table of contents or certificate page associated with it. Instead, the transcript will have a disclaimer stating that it may not be quoted from or filed with the court, as it is uncertified. The certified transcript will be delivered to counsel subsequently, as determined by the delivery instructions by counsel.

When realtime is being requested for a proceeding, it is imperative that counsel informs the reporting agency of their desire to receive realtime so that a properly trained and/or certified realtime reporter is assigned.

How Lawyers Use Rough ASCIIs and Uncertified Rough Drafts

Litigation teams worldwide find rough ASCIIs (unofficial rough draft transcripts) to be a useful, cost-effective resource in providing key information to prepare for the next day’s proceedings. The rough ASCII enables counsel to view, search for words or phrases, color code Quick issues, write notes, and even drag and drop portions of the testimony into other documents while maintaining the integrity of the original ASCII transcript. These capabilities enable litigation teams to work smarter, faster, and more effectively.

While a rough ASCII transcript may not be quoted from, as it is an unofficial record of the proceedings, it may be utilized in refreshing a witness’ recollection without “quoting” from the transcript. It may also be used as a tool in terms of ensuring that questions have been answered fully and completely, that you have pinned down the witness on all salient points, for tracking of exhibits, and ultimately in the development of rebuttal and cross-examination.

Rough ASCIIs may be delivered in the form of E-transcripts files and may be saved to a flash drive, SD card, wireless device, e-mailed and archived. Because electronic transcripts rely upon the integrity of the device upon which they have been saved, it is recommended that any notated, searched, or highlighted versions of an ASCII be archived in more than one place, such as in a hard drive and flash drive, or SD card and in the cloud, or transcript repository and Smartphone. If the notated, indexed and highlighted transcript is only saved to an SD card and laptop, or flash drive and laptop, rather than to the cloud drive or transcript repository, it is recommended that the two pieces of hardware be kept in separate places to ensure that the files are always available in the event that one archived medium becomes unusable or otherwise unavailable.

A realtime feed from the court reporter is different from a rough ASCII in that with a realtime feed counsel connects either wirelessly or via cables to the court reporter’s laptop and receives a live feed of the rough, unedited transcript. In a realtime mode, counsel and support staff have the opportunity to mark, notate and highlight the rough ASCII immediately, rather than waiting for the unofficial transcript to be provided at a subsequent time. The rough ASCII, which is provided shortly after the conclusion of the proceedings is generally free of untranslates and mistranslates, making it even more useful to counsel.

Planet Depos supports the following transcript viewer/manager providers:

  1. Bridge (Free download)
  2. CaseViewNet (Free download)
  3. LiveNote (Free Download)
  4. CT Summation iBlaze (180-day Academic/Student Trial)
  5. Visionary (Free Download)
  6. Transcript Manager Pro

Free transcript viewer software typically provides counsel with all the functionality needed during a deposition, including quick marking, searching forward, backward, and moving from one keyword or quick mark to the next.

What Is a Rough ASCII?

A rough ASCII, also known as an uncertified rough draft, generally refers to an “unofficial” unedited transcript that is provided by the court reporter shortly after the day’s proceedings. So how does it work? The court reporter is “writing” (stroking) verbatim everything that is being said with the use of a computerized stenotype machine that is linked to a laptop computer. The laptop computer is “translating” the reporter’s keystrokes from stenotype into English utilizing computer-aided transcription (CAT) software.

ASCII is an acronym for the term “American Standard Code for Information Interchange,” which is a code for English characters and numbers. Because most computers use this code to store text, it is easily transferred from one computer to the other and is also readable by most computer editing/word processing programs. It is for this reason that a file in ASCII format is a perfect medium for storage and retrieval of the spoken word by court reporters.

What can a lawyer expect from a rough ASCII transcript?

Rough ASCII transcripts often contain words that appear to be incorrect. This is because the computer-aided translation software attempts to match each of the reporter’s keystrokes to the stenographer’s dictionary. Each reporter has his/her own dictionary which is built as a result of the reporter inputting stenotype keystroke combinations and their corresponding English translations into a dictionary. Any keystrokes that the computer cannot “match” to an English word in that dictionary appear on the reporter’s computer screen as “untranslates,” meaning stenotype strokes, or stenotype/English strokes or mistranslates, where the reporter misstroked (mistyped) the spoken word. An example of one such untranslate may be [PWAU/knee], which may be easily read by the reporter as the proper name “Bonnie”; but because that specific keystroke was not programmed into the reporter’s dictionary, it may appear as an untranslate or partially untranslated and partially translated.

An example of a mistranslate may be a proper name. For example, if the proper name “Lucasiewicz” was mentioned during the course of the proceedings, and the name had not been provided in advance, which would have allowed the stenographer to pre-program it into his/her dictionary, it may translate as “Lou cause wits.” Although this may appear to be an error, it is in reality a phonetic translation of the word spoken.

Is there anything counsel can do to get a better rough ASCII, one with fewer untranslates?

  1. Request a realtime reporter. The National Court Reporters Association recommends that reporters providing rough ASCIIs and realtime write with 98 percent accuracy.
  2. Provide the court reporting agency with the deposition notice
  3. Provide the court reporting agency with a list of matter-specific terms
  4. Provide the court reporting agency with a list of proper names, acronyms or technical terms that may arise
  5. Provide the court reporter with any reports or documents, included exhibits, that will be referenced during the deposition

Michael Feldman’s blog post on February 2011 provides helpful hints for counsel who would like to receive more readable rough ASCIIs as well as official transcripts.

Rough ASCIIs should not be relied upon as the “official record,” as they have not been certified. Each reporting firm has its own “disclaimer” that accompanies every rough ASCII referencing the unofficial nature of that record and the fact that there may be untranslates, mistranslates and errors in the transcript. The National Court Reporters Association has published guidelines for verbatim reporters to follow in providing counsel with an unofficial transcript. Those guidelines include state that the rough ASCII transcript may not be quoted for any purpose and may not be filed with the Court. The purpose of a rough ASCII is to “aid in the administration of justice,” in that they are a valuable resource for counsel, their support staff, experts and clients throughout discovery and trial.

How Digital Audio is Changing Court Reporting

Digital audio and audio-to-text synchronization technology is changing the courts and court reporting. While low-impact courts (courts with few transcript requests) are transitioning to digital audio, digital audio-to-text synchronization has become a lawyer and court reporter’s friend. This technology enables court reporters, as official keepers of the record, to click on any word or phrase in the proceedings and listen to the audio as a means of verifying precisely what was said. The same court reporting software that enables this text-to-audio synchronization also creates timestamps on the digital audio feed of the court reporter’s stenographic keystrokes. What these time stamps do is allow the reader of the reporter’s realtime feed to see exactly how long it took for a witness to respond to a question. Because there are often time limitations on how long a deposition can last, it may be crucial for counsel to know how much time elapsed from the end of the question till the witness responded or how long counsel conferred with the witness or how long a discussion off the record lasted. By requesting a realtime reporter or a reporter who brings a laptop to the deposition or a reporter who uses the latest stenographic equipment, all of which keep track of the elapsed time, counsel may be in a position to argue for more time to depose that witness. While time-stamped transcripts are typically reserved for digital video, they are available upon request from any realtime court reporter and most general court reporters as well. Just as a professional court reporter knows never to rely on digital audio synch to create the record, so too should counsel be aware that all it takes to drown out a human voice on a digital audio recording is something as simple as the closing of a door, the crinkling of papers, or a person coughing. Because digital audio technology has been integrated into realtime court reporting software, one is more likely to see a court reporter with both a stenotype machine and a laptop, rather than just a stenotype machine. This combination results in two, and in many instances three, archival/retrieval methods:

  1. the hard drive on the laptop
  2. the memory card on the steno machine
  3. the paper tape (for reporters who still use that as a backup)

Although digital audio is being relied upon more and more for making a record in many low-impact courts, a realtime stenographer producing a transcript utilizing computer-aided transcription software with audio-to-text synchronization is still the most reliable method of keeping a verbatim record, especially in instances when there are more than one male or female voice. Court reporters avoid misidentifying speakers by inputting identifying keystrokes for every speaker, and they have the ability to interrupt when words have been muffled or lost by background noise. This eliminates “inaudibles” in transcripts. The best method for taking pre-trial testimony to present to a jury in lieu of a live witness is through digital videography and realtime court reporting because when a videographer synchronizes the video timestamps with the reporter’s, counsel can easily search the reporter’s transcript to locate the words and their corresponding timestamped references, find the exact portions of video testimony they need to present to the jury, and create clips. Paralegals, legal secretaries and attorneys appreciate the time-saving tools created by the use of a verbatim transcript synchronized with the video.

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