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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.

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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Filing the deposition with court - CA CCP

Old-Fashioned Court Reporter?

I have been a Certified Shorthand Reporter for 34 years. When I got out of school, court reporters were still dictating their notes.  There were no computers.  When court reporters were first giving out rough drafts, I thought that was crazy.  Why would an attorney want a transcript that wasn’t perfect?  And then I heard about real-time reporting and thought that would never work.  Why in the world would I let an attorney see my raw writing?  It would be embarrassing.

Now I give out rough drafts and write real-time weekly, including streaming the transcript to remote sites.

BUT I have a feeling I might be old-fashioned in some of my thinking. The new norm is many court reporting firms are owned by non-court reporters, and new court reporters are trained how to punctuate by proofers.  My old-fashioned thinking is they need a court reporter to read their transcripts and teach them the nuances of punctuating a transcript, what to Global, and how to use parentheticals.  Modern reporters who wish to be great will go to seminars put on by their state associations and NCRA, and also might choose to learn online from the brilliant Margie Wakeman Wells on her website Margie Holds Court.  Margie’s website is a tremendous resource with webinars and one-on-one trainings available.  I didn’t know Margie’s website existed until a young reporter asked me if I thought that would help her with her English grammar.  I said, “Absolutely, yes.”

Another old-fashioned idea I have is that court reporters who become licensed shouldn’t put themselves out to be real-time reporters until they have at least two years under their belt. I believe most real-time depositions or trials are going to have complex, sophisticated subject matter, and a new reporter needs time to build speed, stamina, and a sophisticated dictionary.  I understand a new court reporter might have the knowledge to connect computers and send real-time, but my current belief system is that writing thousands of pages and having on-the-job experience would be a prerequisite to successful real-time reporting.  Maybe I am wrong.

As of three years ago, I thought that a court reporter getting out of school had to decide between working in court or freelance and report depositions. With the laying off of court reporters in civil courtrooms in California, the reporters have any option to be a hybrid and do both.  I find many court reporters are still choosing court or depositions, but as time goes on, I have met many young reporters who have a desire to choose court or depositions on any given day.

It has struck me in the last couple of weeks that there are a lot of new ways of doing things, and I am behind. I know a lot about real-time technology, electronic exhibits in depositions, and trial technologies.  I know about social media, connecting with LinkedIn or Facebook, but I am wondering what I don’t know.

My goal is to search out what I don’t know, and my plan is to talk to court reporters around the country at the NCRA convention in Chicago next month and ask them, “What’s happening?”

@rosaliekramm

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Stress free Court Reporters

How Court Reporters Can WIN the Stress Game

Stress free Court Reporters

Court reporters live with stress. Whether one has just gotten out of court reporting school and is having to deal with their first deposition, first hearing, first interpreter, whatever first, or one is a seasoned court reporter dealing with fast talking attorneys examining an expert witness in a patent case, stress is a part of the court reporter’s life.

In a recent TedTalk, health psychologist Kelly McGonigal said, “Stress is not the enemy we believe it is. In fact, according to a recent study, stress is only a risk to your health if you think stress is a risk to your health.”  In a study of 30,000 people, which took place over an eight-year period, researchers found that people who experienced a high amount of stress faced a 43 percent increased risk of death if they also believed stress is harmful to their health.  She says, “Instead of viewing stress as a health hazard, learn to make stress your friend.”  People who experienced the most stress, but did not believe it was harmful, had the lowest risk of dying. “Believing stress is bad for you was the 15th largest cause of death in the USA last year, killing more people than skin cancer, HIV, AIDS, and homicide.

“If you can change your mind about stress, you can change your body’s response to stress.”

According to the science, we have two opposing hormone responses to life. There are the fight or flight hormones, cortisol and adrenaline, which speed up your heart rate and create the hyper state which allows you to rapidly react your way out of danger; and there is the comfort and trust hormone, oxytocin, which has the exact opposite effects.  When life is difficult, your stress response wants you to be around people that will help you or comfort you, and being around those kinds of people your body has the built-in mechanism to counter stress, creating oxytocin.

Tony DeAngelis describes the hormone oxytocin in his article, “The two faces of oxytocin,” in Science Watch, published by the American Psychological Association, saying, “Oxytocin is produced mainly in the hypothalamus, where it is either released into the blood via the pituitary gland, or to other parts of the brain and spinal cord.” Oxytocin is described as “the love or cuddle hormone” as it increases feelings of trust and emotional bonding.

McGonigal states, “When you choose to view your stress response as helpful, you create the biology of courage. And when you choose to connect with others under stress, you can create resilience.”

I know when I am really worried about a deadline or a future job that I know is going to be super difficult, and I reach out to one of my dear friends in the court reporting world, people I have met at our state associations meetings, NCRA and STAR conferences, people who have the same stresses and pressures, and I ask for help or comfort, and I get the oxytocin flowing, my exhausting adrenaline surge will shift to positive energy. I am really happy to have found Kelly McGonigal’s TedTalk because now I know that reaching out to my friends is not only fun and makes me happy, but it is going to counteract the stress hormones and keep my healthy.

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Veronica with little setup

Court Reporters – What is an Oral Reply?

In certain jurisdictions and cases, attorneys hire court reporters to report an oral reply. In my experience, oral replies are typically used in union grievances especially in employment matters.  The court reporter is hired to take down the statement of the hearing officer, grievant, and her/his attorneys.  The hearing officer will swear in the grievant who will give their statement as to why they should not be reprimanded or punished for whatever charge they are being accused of.  For example, a border patrol agent might have gone home early before their shift was over and got paid for that time.

What the court reporter needs to expect is that the grievant many times will read the statement, and what I would suggest is the court reporter in a very matter of fact tone ask for any materials that are read. I will often say, “I need your statement that you read from so I have all of the correct spellings.”

I suggest that the court reporter ask the hearing officer at the end if the grievant is to have the opportunity to read and sign the transcript so you know whether or not to leave a penalty of perjury clause.   The reporter should include a cover page with the name of the governmental agency, the grievant’s name, “Oral Reply of Joan Smith,” and a date line and a certificate page similar or the same as a certificate page a court reporter would use in a court hearing or deposition.

 

 

 

Court Reporters and Legal Videographers - Financial Planning 101

Court Reporters, Videographers – Financial Literacy 101

A few weeks ago, while chatting with Bronwen Drummond, a financial advisor,  it hit me hard that court reporters and videographers, independent contractors, need to have a financial plan to protect their future and understand what is happening with any money they are making.   I know I used to just work, work, work, and not pay attention to what was happening because “that’s not my thing.”  At the age of 50 I decided to make it my thing, and now I feel more calm about the future.

I asked Bronwen if she would create for me a checklist of thinking points for court reporters and videographers.  Here is what she advises:

1.  Establish a foundation that includes a budget, “Save first and then spend what’s left over.  Rule of thumb for allocating your spending – 20%/60%/20%.  20%should be spent on saving and investing.  60% of your income should be spent on essential expenses, i.e., rent, mortgage, food.  20% can be spent on discretionary expenses, clothing, dining…

2.  Establish an emergency fund.  Have 3 to 6 months of living expenses saved.  Protect yourself against the unexpected.

3.  Risk Management – Protect yourself and your family from financial peril with disability insurance, health insurance, and life insurance.

4.  Debt Management Strategy – Educate yourself on the difference between healthy debt (debt that is tax deductible, i.e., mortgage, student loans) and unhealthy debt (credit cards).  DO NOT live on the mentality that you need to pay off your debt before you can start saving.

5.  Wealth Accumulation – Create a strategy for growth!  Where can you put your money so it works for your short-term/mid-term/long-term goals?  Short-term goals are what you want to accomplish between now and two years from now, i.e., down payment on a home.  The place to save your money for a short-term goal might be in a checking or savings account.  This is also where you put your emergency fund (3 to 6 months of expenses).   Mid-term and long-term goals, such as retirement, would use stocks, T-bills, bonds, and mutual funds; real estate.

I have read many experts opine that a third of your savings should be in cash, a third in stocks, bonds, mutual funds, and a third in real estate.  The bottom line is having a strategy, setting goals, and then taking the steps to achieve the goals.   Being financially literate is truly not that hard.  It just takes some focus and perhaps a professional advisor along with your accountant and banker (your team) to help you understand where there might be tax savings, what products are on the market that would be perfect for you, and a plan.

I wish for everyone great success and a wonderful future.  We deserve it.

Rosalie Kramm

 

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Court Hearings and the Court Reporter

Motion GRANTED re Court Reporters’ Page Rates

Government Code Sections 69950 and 69954 regulate page rates an official court reporter may charge for transcripts in California Superior Courts. A lawsuit was brought by attorneys against an independent court reporting firm for charging more than what the Government Code provides for.   On Friday, January 8, 2016, the Court ruled on a motion brought be the Defendants for judgment.  The following is language from the ruling by Amy D. Hogue, Judge of the Superior Court.

“The Court is concerned, moreover, that government regulation of private court reporter rates compromises strong countervailing public policies favoring free enterprise and competition. The Court also agrees with Defendant that regulating the rates for private reporters may have additional impacts on the free market and potentially reduce the economic incentive for highly qualified private court reporters to serve as official reporters pro tempore.”

“With tax payers are no longer providing official court reporting services to all litigants and private reporters generating their own salaries, insurance and benefits, it is difficult to justify regulating private reporter rates as a matter of public policy.”

“The Court rejects Plaintiffs’ interpretation of the applicable statutes and finds that Plaintiffs have failed to state an actionable claim. The Court therefore GRANTS Defendant’s motion for judgment on the pleadings,” Amy D. Hogue, Judge of the Superior Court.

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