Blog Category: Arbitration

“The appellate process can take two years,” Salnick said. “I do know the transcript in this case is tremendously long and the court reporter has already asked for at least one extension to get it together.”

http://www.huffingtonpost.com/2011/09/13/dalia-dippolito-released-florida-jail_n_960146.html

Obtaining a qualified stenographer or court reporter for a trial or deposition is crucial. With deadlines and upcoming trial and appeal dates looming, the last thing an attorney should have to worry about is when they will receive the transcript.

When scheduling depositions, ensure that any hearing or trial dates are conveyed to the scheduling coordinator so that an appropriate court reporter can be reserved and transcript delivered on time. If trial or a hearing is the next day, it is likely that an experienced realtime reporter or a stenographer will be required.

When deciding on a court reporter or court stenographer for trial, one must first check with the court and inquire whether the court has official reporters. If not, it should be determined who is responsible for obtaining a stenographer. For example, in Maryland, court reporters in some counties are employees of the state. In Virginia, however, it is the responsibility of the attorneys to arrange for a court stenographer. In either situation it is important to convey your turnaround and technical requirements to the court or court reporting agency before trial begins.  Will rough drafts be needed at the end of each day? Will realtime be needed during the trial to annotate important portions of the proceedings? Will a final transcript be needed before the next trial day to impeach the witness or cite previous testimony? Will experts or colleagues attending from a remote location need to view a realtime feed?

If the court-appointed stenographer is unable to meet any of the above requirements, you may need to request that an independent court reporter is brought in to meet all of the needs of a trial, especially one that will be lasting weeks, months, or years. The judge will need to designate the stenographer as the official record keeper of the proceedings. It is common for attorneys in an ongoing litigation to develop a relationship with a particular agency or court reporter and will request their services for trial. The court stenographer is familiar with the parties in the case and also has a current list of any terms and spellings needed to create the most accurate transcript.

Planet Depos recently provided court reporting services for a week-long arbitration in front of the American Arbitration Association (AAA). For consistency purposes, one reporter was scheduled for the entire proceeding. The parties were on the record at 7:30am each day and ran some nights until almost 10pm. Realtime feeds were provided to all parties and rough drafts were sent out to a distribution list immediately following each day’s proceedings. The following excerpt was taken from the transcript on the last day of the arbitration.

ARBITRATOR: And then last, but not least, our court reporter. I think she did an astounding job.

(Applause)

ARBITRATOR: And I order you to put in the middle where we, I just said that, parentheses, applause, end parentheses, by everybody in the room, because it was well deserved. And as you well know —

Attorney 1: And she did it.

ARBITRATOR: — I’ve used lots and lots of court reporters in my life, and had them at hearings of mine.  And this was, as I told her some time earlier off the record, the job of a court reporter is to do a perfect job and be totally unnoticed.  And she not only did a perfect job, she was totally unnoticed.  She never had to ask us to stop, and she never asked us she needed to take a break.  She never had to ask us for a minute that said we had to turn to her and say, oh, she’s somehow interfering with the flow of this case. It was, in my view, perfect.  Thank you.

Each morning, various legal professionals enter their respective law offices with a list of depositions, trials, and videoconferences to schedule.  With their morning coffee by their side and a pending stack of scheduling to complete, they quickly place a call or send an email to Planet Depos.

What is not as well-known is what happens behind the scenes at Planet Depos once a case is scheduled. There are certain elements to ensure that the case is managed in a personal, efficient and seamless manner:

1.  Each time a deposition is scheduled with Planet Depos, it is assigned to a case manager. A case manager ensures that there is a single point of contact to field questions, fill orders or handle last-minute needs or changes.

2.  The case manager will contact the parties for any standing orders to guarantee that requests are always up-to-date and orders are filled consistently and accurately. Standing orders include special services such as:
– Realtime
– Rough Draft
– Videotaping
– Videoconferencing
– Expedited Delivery
– Complimentary Video-to-text Synchronization

3.  Each case on our calendar contains a list of past, present, and future depositions. The case manager will keep track of what is coming up, the due date of transcripts, and upcoming hearings and court dates. A confirmation email or phone call is always placed the day before each deposition to confirm the details. A case manager is also responsible for ensuring that court reporters, videographer and interpreters are consistent throughout the course of a case.

4.  Sometimes a deposition is required to be held out of state or even out of the country. Your case manager will gladly find a location for the deposition at no additional cost whether your deposition is five minutes away or five countries away; Planet Depos will have a location and a court reporter there for you!

5.  All files in a case are uploaded with case management software such as: LEF (Livenote), SBF (Summation), MDB (Sanction), CMS (Trial Director), VDF (Visionary), and  XML (RealLegal). Planet Depos complimentary online repository houses transcripts, errata sheets, exhibits, invoices and the online calendar.

6.  Lastly, our case managers keep track of a distribution list pertaining to each case so that rough and final transcripts are sent to the appropriate parties in the case.

Where do I go to find a court reporter? How do I know if the court reporter is qualified? How much will it cost? Do I need a videographer, realtime, rough ASCII or expedited delivery? How would I like my transcript delivered?

These are the most common questions that come up when court reporting services are necessary. First, let’s review the three things to consider:

1. Contact a Court Reporting Firm

When trying to find a court reporter, going directly to the reporter is usually not the best route. Most reporters are associated with a court reporting agency. A court reporting agency can handle the administrative tasks such as scheduling, production, and billing, while the reporter takes down the spoken word at a deposition, arbitration or court proceeding. Developing a relationship with a court reporting agency ensures availability, accountability and quality transcripts.

2. Know Your Order (Special Services)

Would you like a videographer present to film the proceeding? Will you need realtime? Would you like a rough draft of the transcript at the end of the day? When would you like the final transcript delivered?  What type of format would you like to receive your transcript and video? These are all things to consider when ordering a court reporter. Knowing what you need at the time the deposition is scheduled and conveying that to the court reporting agency will ensure you receive exactly what you need every time. A qualified court reporting agency should be able to provide you with a transcript and video in any format: PDF, TXT, E-Transcript, LEF (Livenote), SBF (Summation), MDB (Sanction) and/or VDF (Visionary).

3. Cost

The cost of the court reporter will depend on which state/country your proceeding takes place and which special services you will require. For example, court reporting services in Washington, D.C. will most likely be less expensive than arranging for a court reporter in Bahrain. Having a videographer present, requesting a rough draft version of the transcript or receiving realtime will also increase costs associated with taking a deposition.

Finding a Court Reporter

1. Referral

Ask your colleagues which company they hire for court reporting services and why. Be sure to ask which agency they have had problems with in the past.

2. Google/Yahoo/Bing Search

Run a search for a court reporting agency in your area using one of the main Internet search engines. Explore each website from the results. Read their blogs and then contact at least three of the court reporting agencies for pricing. Let each agency know that you are getting quotes from other companies. Inquire as to whether attendance fees are charged or if there are discounts given for receiving all case material in electronic format.

Your local agency is the best source to find a court reporter or legal videographer in another state as well. Reputable court reporting agencies have established relationships and partnerships around the world and can manage every aspect of your out of town needs, including conference rooms, videographers or videoconferencing facilities.

You are now armed with the necessary information to find a qualified court reporter anywhere in the world.

To schedule an upcoming deposition with Planet Depos, please email schedulenow@planetdepos.com or call 888.433.3767.

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.

1. 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.
2. 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!
3. Remember your personal behavior and personality will be scrutinized by the opposing attorney. Speak clearly and slowly.
4. 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.
5. Be confident, not cocky. Make sure your attorney has answered any important questions in your mind about the deposition procedure before it begins.
6. 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.
7. Be polite but firm. Relax. Don’t feel compelled to speak just because there is a long silence.
8. 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.
9. Don’t anticipate the questions. Do not interrupt the question or improve the question so as to remove problems with the question.
10.  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.
11. Listen to any objection by your lawyer but understand your lawyer cannot use objections to “coach” you how to answer the question.
12. 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”.
13. 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.
14. 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.
15. Complete your answers even if the attorney interrupts you.
16. 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.
17. Correct any prior answers if you decide your previous statement was incorrect or inaccurate.
18. Never lose your temper even if provoked. This may well be a “test”. Don’t lash out.
19. 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.
20. Do not play lawyer.
21. 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.
22. Testify from your own knowledge only unless hearsay is specifically requested.
23. Accept responsibility for your and your employer’s actions, procedures and decisions. Do not retreat just because you are under attack.
24. 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.
25. 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.
26. Speak clearly and avoid non-verbal answers (such as head nods) so the court reporter can accurately record your response.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. You are entitled to all the time you need if asked to for example, interpret statements made in competitor’s or other’s correspondence.
36. 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.
37. After the deposition, if you recognize new matter or problems that weren’t recognized beforehand, bring these to your attorney’s attention.

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

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