CA CCP 2025.510(a) - Court Reporters

CA CCP 2025.510(a) Court Reporters Transcribe Depositions

Last month I was a court reporter for an all-day deposition. At the end of the day, as I was packing up, I overheard an attorney mention the case might settle.  In an effort to do the right thing, I offered to hold my notes and not transcribe the deposition for a few days to save everyone money.  BIG MISTAKE.  I had this conversation with only one party being present.  The attorney was grateful for the offer and agreed to let me know if they would need the transcript.

Our firm’s turnaround time of transcripts is seven business days. On the eighth day, the attorney that was not present for the “hold notes” after the deposition called wanting to know what was going on, “Is there gamesmanship happening?  We count on your firm getting the transcript out at least by the tenth day.  Why isn’t the transcript out yet?”

CA CCP 2025.510(a) states: “Unless the parties agree otherwise, the testimony at any deposition recorded by stenographic means shall be transcribed.”

I apologized to the attorney, admitted I had made a mistake in offering to save the parties money, and promised to get the transcript out immediately.

While my intent was to do the right thing, save litigation costs, I was wrong and should have thought of the consequences of not having all parties present for the conversation.

It is also interesting to note, CA CCP 2025.510(b) states: “The party noticing the deposition shall bear the cost of the transcription, unless the court, on motion and for good cause shown, orders that the cost be borne or shared by another party.”

In the above scenario, if the attorney whom had asked me not to transcribe my notes asked me to never transcribe my notes, and the other side wanted the transcript, the noticing attorney who didn’t want the transcript would be responsible for payment unless the court orders otherwise.

Being a great court reporter means to always be conscious and transparent in every agreement and conversation.

@rosaliekramm (Twitter)

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CA Rules of Court 8.130

California Rules of Court – 2017 Reporter’s transcript

Reading through the 2017 California Rules of Court regarding court reporter’s transcripts, there are some provisions that are particularly interesting relating to timeliness, the cost of transcripts, and the appellant’s ability to deposit a certified transcript.

APPEAL TRANSCRIPT COST:

8.130(b)(1)(A) The amount specified in the reporter’s written estimate; or (B) An amount calculated as follows:

(i) For proceedings that have NOT been previously been transcribed: $325 per fraction of the day’s proceedings that did not exceed three hours; or $650 per day or fraction that exceeded three hours.

(ii) For proceedings that have previously been transcribed: $80 per fraction of the day’s proceedings that did not exceed three hours, or $160 per day or fraction that exceeded three hours.

(3) Instead of a deposit under (1), the party may substitute:

(A) The reporter’s written waiver of a deposit.  A reporter may waive the deposit for a part of the designated proceedings, but such a waiver replaces the deposit for only that part.

(B) A copy of the Transcript Reimbursement Fund application filed under (c)(1)

(C) A certified transcript of all the proceedings designated by the party.  The transcript must comply with the format requirements of rule 8.144.

 

APPEAL TRANSCRIPT TIMELINESS:

Rule 8.130(d): Superior court clerk’s duties

  1. The clerk must file a party’s notice of designation even if the party does not present the required deposit under (b)(1) or a substitute under (b)(3) with its notice of designation.
  2. The clerk must promptly send the reporter notice of the designation and of the deposit or substitute and notice to prepare the transcript, showing the date the notice was sent to the reporter, when the court receives:
  1. The required deposit under (b)(1);
  2. A reporter’s written waiver of a deposit under (b)(3); or
  3. A copy of the Court Reporters Board’s provisional approval of the party’s application for payment under the Transcript Reimbursement Fund under (c).

Rule 8.130(f): Filing the transcript; copies; payment

  1. Within 30 days after notice is sent under (d)(2), the reporter must prepare and certify an original of the transcript and file it in superior court. The reporter must also file one copy of the original transcript, or more than one copy if multiple appellants equally share the cost of preparing the record (see rule 8.147(a)(2)). Only the reviewing court can extend the time to prepare the reporter’s transcript (see rule 8.60).
  2. When the transcript is completed, the reporter must notify all parties to the appeal that the transcript is complete, bill each designating party at the statutory rate, and send a copy of the bill to the superior court clerk. The clerk must pay the reporter from that party’s deposited funds and refund any excess deposit or notify the party of any additional funds needed. In a multiple reporter case, the clerk must pay each reporter who certifies under penalty of perjury that his or her transcript portion is completed.
  3. If the appeal is abandoned or is dismissed before the reporter has filed the transcript, the reporter must inform the superior court clerk of the cost of the portion of the transcript that the reporter has completed. The clerk must pay that amount to the reporter from the appellant’s deposited funds and refund any excess deposit.
  4. On request, and unless the superior court orders otherwise, the reporter must provide the Court of Appeal or any party with a copy of the reporter’s transcript in computer-readable format. Each computer-readable copy must comply with the requirements of rule 8.144(a)(4).

Filing court transcripts for the Court of Appeal is complicated. My staff have found that many attorneys are not sure when the court reporter is to begin finalizing the appeal transcript.  Receiving formal notice of designations under (d)(2) from the superior court clerk triggers the start time in which the court reporter can produce the appeal transcript.  Our company has had frequent requests from attorneys asking us to begin an appeal transcript before the provisions in (d)(2) occurs.  The transcript is finalized, but the court reporter’s hands are tied without receiving the new appeal case number and how many designations/volumes are formally ordered.

Court reporters that provide court reporting services in the California superior courts (hearings and/or trials) study Rule 8.130 – California Rules of Court.

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Court reporter writes realtime to attorneys locally and remotely

9 Tips Attorneys/Realtime Reporting

Having access to the instantaneous transcript provided by a court reporter during a deposition, arbitration, or trial has great value to attorneys. Court reporters can provide the realtime transcript text to attorneys in the deposition suite or courtroom and stream that text to any computer in the world.

The realtime technology has changed in the past two decades. Court reporters used to send the feed via wires (and some still have to in certain courtrooms); then they transitioned to using dongles (USB) ports and routers.  The feed is still for the most part a serial connection which is old technology, but is still the standard.

In my experience 90 percent of the attorneys now rely on court reporters to bring a realtime device (tablet or computer) with the realtime software and drivers already loaded and ready to go.

So what does an attorney that is using realtime need to know?

  1. If you are using CaseNotebook (Thomson Reuters) or TextMap (Lexis Nexis), the court reporter will need to connect to your computer. Popular software that a reporter will use to connect with you: CaseViewNet, LiveLitigation, Stenocast, and Connection Magic.
  2. If the reporter is using LiveLitigation, the reporter can connect locally or stream the realtime text.
  3. If you are using LiveLitigation, CaseViewNet, or Bridge Mobile, you can download free apps to your tablet and  makes notes, marks, and save the transcript as a .ptx file.
  4. If you have installed Bridge on your computer (free software provided by Advantage Software), you can make notes, marks, and export the .ptx file for use in your transcript management software.
  5. The .ptx file once saved in CaseNotebook or TextMap can be updated with the cleaned-up rough draft or final transcript, and you won’t lose your marks and notes made during the realtime transcription.
  6. You can leave the room with your computer or tablet with the realtime transcript during a break, and when you return the transcript will sync back up with the court reporter’s realtime feed when back on the record.
  7. Tip: If you decide to scroll up or mark a portion of the transcript, the realtime feed will stop at the place you are reading/marking. There will always be an icon or a method to turn the scrolling realtime text back on. Ask the court reporter at the beginning of the day how to get back to the scrolling realtime text.
  8. If the reporter is using Stenocast to send the feed, you will need to download drivers into your computer. Go to www.stenocast.com and choose ALL COLORS. Different reporters will have different colored dongles (you don’t need to know why). If you choose all colors, you are covered.

Many realtime court reporters have become techno experts when it comes to serial ports, device managers, and understanding transcript management programs. Our goal is to provide the very best product and service in assisting attorneys in doing their job, and we take great pride in doing so.

 

@rosaliekramm  (Twitter)

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Legal videographer's setup at a deposition

Court Reporters and Legal Videographers = Team

As many of you might know, I am married to a legal videographer, Chris Jordan. Naturally, we met at a deposition, and it was a doozy of a depo.  The deposition took place at the witness’ home.  His two angry Rottweilers greeted us at the door.  The attorneys ordered Domino’s Pizza for lunch, and the witness had a couple of Budweisers.  I thought Chris Jordan was handsome, and therefore I practiced the principle of “act as if,” and acted as if he liked me.

That deposition took place on August 2nd, 1994. Every year I send a thank you note to the attorney who noticed the deposition, and Chris and I celebrate.

What I learned from Chris Jordan is that great videographers genuinely want the court reporters they work with to succeed, have less stress, and produce a great transcript.

What are some of the things videographers do for court reporters?

  1. Provide a live feed of the monitored, clear audio to the reporter’s laptop
  2. Provide a feed from their audio to the court reporter’s headset (and even provide headsets)
  3. Provide a wav file after the deposition for the reporter
  4. If the reporter has a computer issue, take extra time to set up microphones or “do whatever” to give the court reporter more time to troubleshoot whatever the issue might be.
  5. Help to set up iPads around the table and watch to see if the real-time test strokes come up
  6. At breaks offer to get the court reporter coffee, water…
  7. At lunch, offer to grab something for the court reporter
  8. Be empathetic about the level of difficulty, speed, or demeanor of the people at the deposition
  9. When a court reporter starts lifting their shoulders and fidgeting, silently mouth out or signal to the court reporter the time until the next disk change
  10. When necessary, make a disk change before the disk has run out of time

The thing is, many people might say it is the videographer’s job to provide good audio to the court reporter.  But because I work with Chris Jordan and his team of videographers all over the country, I have the privilege of listening to their conversations around the office or maybe while having a beer.  They talk about depositions and court reporters and how much they like the reporters, respect the reporters, can’t believe what court reporters are able to do, and brainstorm new ideas about how to help reporters with different kinds of wav files, compressing files, new software…

I believe legal videographers “go to war” with court reporters, and they get it. I am grateful for their professionalism and kindness and am glad they are on my team.

 

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Kramm Turrentine have Discovery Conference Centre to host depositions

Kramm Court Reporting merges with Donna V. Turrentine & Associates

KRAMM Court Reporting MERGES with PROMINENT north san diego county court reporting firm – DONNA V. TURRENTINE & ASSOCIATES

[Press Release] San Diego, CA – Kramm Court Reporting announces its merger with Donna V. Turrentine & Associates, a prominent North San Diego County court reporting firm with over 40 years of experience.

Founded in 1979 by Donna V. Turrentine, Donna V. Turrentine Court Reporters has provided quality court reporting services to clients throughout San Diego County with an emphasis of serving the Escondido, Vista, Oceanside, Carlsbad, and San Marcos region.

“I am proud that Donna chose Kramm Court Reporting to provide her clients with the same high quality, excellent service they are accustomed to,” says Rosalie Kramm, founder of Kramm Court Reporting.   “Throughout the last several decades I have heard attorneys rave about Donna and her firm, and now I am extremely proud to carry on what she started back in 1979, a first class, professional court reporting firm.”

“After nearly 40 years of court reporting (38 years as Donna V. Turrentine & Associates), I believe it is time to move into a more technologically advanced arena by merging with Kramm Court Reporting. Rosalie Kramm is a leader in providing state-of-the-art court reporting services, and she has a staff of highly qualified office personnel who help operate a friendly and professional business. I believe my clients will be better served by this merger, and together we will continue to serve our clients, old and new, as a larger, stronger entity.”

ABOUT KRAMM COURT REPORTING:

Kramm Court Reporting, est. 1985, is a full-service. Technology driven court reporting firm headquartered in San Diego, CA. By implementing the best industry practices over three decades, Kramm has evolved into an industry leader and is relentless in championing state-of-the-art technology with a specialty in realtime court reporting. “Unwavering” describes our customer service for clients nationwide. For more information about Kramm Court Reporting, please visit our website at www.kramm.com.

 

ABOUT DONNA V. TURRENTINE & ASSOCIATES – COURT REPORTERS

Founded in 1979, Donna V. Turrentine & Associates has been a steady presence in the court reporting industry throughout North San Diego County.

Filing the deposition with court - CA CCP

California Attorneys – Who Files Original Deposition Transcript?

‘Recently I read a stipulation by Southern California attorneys that the court reporter was relieved of his duty to file the original deposition transcript with the court.   Filing the original deposition transcript with the court is not one of the court reporter’s duties.

CA CCP 2025.550 reads: “(a) The certified transcript of a deposition shall not be filed with the court.  Instead, the deposition officer shall securely seal that transcript in an envelope or package endorsed with the title of the action and marked “Deposition of (here insert name of deponent),” and shall promptly transmit it to the attorney who noticed the deposition.  This attorney shall store it under conditions that will protect it against loss, destruction, or tampering.”

Court reporters, Pengad has the perfect envelope with a clear window so that the caption and deponent’s name on the transcript cover page will show through. The Pengad envelope allows for a professional, easy method to seal the transcript and comply with 2025.550.

 

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Court Reporter's Deposition Transcript

Court Reporter’s Transcript

Upon occasion our attorney clients are asked by opposing counsel to provide a copy of a transcript that our client had purchased from the court reporter. Our client doesn’t want to feel obligated to give the transcript to opposing counsel and will ask us to give them a legal cite that they can use to tell their opposing counsel to contact the court reporter for the Certified Copy.

The California Government Code provides as follows:

Government Code Section 69954

(d) Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.

 

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Arbitration conference room - Kramm Court Reporting

New California Law Certified Shorthand Reporters at Arbitrations – CCCP 1282.5

Governor Brown approved Senate Bill 1007 which gives a party to an arbitration the right to have a Certified Shorthand Reporter transcribe any deposition, proceeding, or hearing as the official record. The bill was authored by Senator Bob Wieckowski, who states, “People are often forced into binding private arbitration just by purchasing common goods or services, so it’s especially important for their protection that a court reporter is present to transcribe the proceedings and create an official record.” And as Larry Doyle, legislative representative of the Conference of California Bar Associations, opines, “In arbitrations, as in all legal proceedings, the existence of a reporter’s transcript can be absolutely essential to obtaining justice.”  Doyle goes on to say, “Without such a record, the reviewing court must assume that the arbitration award is correct, even if the record – if it existed – might clearly show error or misconduct.”

The bill sets forth the following:

  1. The bill would require a party requesting a Certified Shorthand Reporter to make his or her request in a demand, response, answer, or counterclaim related to the arbitration, or at a pre-hearing scheduling conference at which a deposition, proceeding or hearing is being calendared.
  2. The bill would also require the party requesting the transcript to incur the expense of the Certified Shorthand Reporter, except as specified in a consumer arbitration.
  3. The bill would authorize a party whose request has been refused by the arbitrator to petition the court for an order to compel the arbitrator to grant the party’s request to have a Certified Shorthand Reporter transcribe any deposition, proceeding, or hearing, and for an order to stay any deposition, proceeding, or hearing pending the court’s determination of the petition.

Now CCCP 1282.5 reads as follows:

1282.5. (a)(1) A party to an arbitration has the right to have a Certified Shorthand Reporter transcribe any deposition, proceeding or hearing.  The transcript shall be the official record of the deposition, proceeding, hearing.

(2) A party requesting a Certified Shorthand Reporter shall make his or her request in or at either of the following:

(A) A demand for arbitration, or a response, answer, or counterclaim to a demand for arbitration.

(B) A pre-hearing scheduling conference at which a deposition, proceeding, or hearing is being calendared.

(b) If an arbitration agreement does not provide for a Certified Shorthand Reporter, the party requesting the transcript shall incur the expense of the Certified Shorthand Reporter. However, in a consumer arbitration, a Certified Shorthand Reporter shall be provided upon request of an indigent consumer, as defined in Section 1284.3, at the expense of the nonconsumer party.

(c) If an arbitrator refuses to allow a party to have a Certified Shorthand Reporter transcribe any deposition, proceeding, or hearing pursuant to this section, the party may petition the court for an order to compel the arbitrator to grant the party’s request.  The petition may include a request for an order to stay any deposition, proceeding, or hearing related to the arbitration pending the court’s determination of the petition.

(d) This section does not add grounds for vacating an arbitration award pursuant to subdivision (a) of Section 1286.2 or for correcting an arbitration award pursuant to Section 1286.6.

Certified Shorthand Reporters are an invaluable part of the judicial process.

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Court Hearings and the Court Reporter

Best Practices for Attorneys re the Court Reporter at Hearings

In many county courthouses throughout California, Friday is law and motion day. Every hour a new calendar is called by the judge with approximately 10 matters.  Attorneys will hire a court reporter to report their hearing if they feel it is important to have a record of the proceedings for a later date.  Many attorneys have more than one matter to cover on any given Friday and will rush in, argue their motion, and then immediately leave.  In these situations, it is tough for the court reporter to get the appearances.  Even though the judge will have counsel state their appearances for the record, later it is incumbent upon the court reporter to track down the address, phone number, and email address of each attorney.  Using the California Bar Attorney Search is helpful, but sometimes attorneys say their names incredibly fast, mumble, or have a common name that is shared by many other attorneys in California.

As a court reporter who has reported hundreds of hearings, I thought it might be helpful to suggest best practices to ensure an accurate and quick transcript.

  1. Find time to hand the court reporter your card with information written on it including who you are representing.
  2. When you state your appearance, speak slowly and clearly.
  3. If you cite a case or points and authorities, be ready to email the documents to the court reporter.
  4. When reading a cite, read slowly and enunciate each word. Don’t feel as if you need to rush and skip over the small words.
  5. If you are appearing via CourtCall, state your name and law firm clearly, and spell your last name.
  6. Let the reporter know if you will need a transcript of the hearing. The court reporter will not assume you automatically want the transcript. Many attorneys don’t want the transcript until and unless there is an appeal.
  7. If you know you will want a transcript before the hearing, have whomever is calling the court reporting agency to let the reporter know beforehand a transcript is being requested to be immediately written up. The agency will not send a court reporter who has a backlog and might not be able to quickly get the transcript out.

Court reporters want to do a good job for you. The more information they have, the more efficient they can be in getting out a transcript.

 

@rosaliekramm

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Attorneys - Depositions -
Consciousness

Attorneys – Deposition Transcripts – Consciousness

A common topic at court reporting conferences around the country is attorney consciousness and how attorneys seem to be less aware or even care about the record than in the past; that there are two types of attorneys, attorneys who are conscious of the record and attorneys who are not. I believe all attorneys want and need a good record, but many are not aware of what is happening while a deposition is taking place and get caught up in the moment, wanting to fulfill their mission to get testimony as advocates for their cause.

Conscious attorneys are mindful of each word. Their questions are grammatically correct, don’t contain double negatives, and are a full and complete thought.  When attorneys interrupt the witness or allow the witness to interrupt them, or there is constant talking at the same time, and there is a series of incomplete questions and answers, later on if that deposition testimony is read or shown to a judge and jury, it is going to be confusing.  Recently I have heard anecdotal stories by reporters saying that they will ask for people to speak one at a time and are told to just deal with it, “You can fix it later.”

As a way to learn how to make a clean record, I suggest to young attorneys that they request a real-time court reporter for a deposition or two (or more if the budget allows). It does cost more to have a real-time court reporter, but it is a great way to watch the record unfold, have a chance to pause, and actually read the record to ensure you have what you need with a clean question and answer.

Seasoned, successful attorneys typically make a beautiful record. It is a joy to report attorneys who are conscious of the record.

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