Posts

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.

@rosaliekramm (Twitter)

Kramm Court Reporting (Facebook)

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)

Kramm Court Reporting (Facebook)

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.

 

@rosaliekramm (Twitter)

Kramm Court Reporting (Facebook)

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.

 

@rosaliekramm (Twitter)

Kramm Court Reporters (Facebook)

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.

 

@rosaliekramm Twitter

Kramm Court Reporting Facebook

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.

Kramm Court Reporting – Facebook

@Rosaliekramm – Twitter

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.

@rosaliekramm  Twitter

Kramm Court Reporting Facebook

Proofer court reporters' transcript.

Seven Tips for Newly Licensed Court Reporters

I have the privilege of working with newly licensed San Diego California Certified Shorthand Reporters. I am extremely proud of their writing ability and the fact they are not scared to learn and use the sophisticated functionality of their CAT software. I consider myself to be their coach.  My goal is their total success throughout their careers, wherever their incredible talent takes them.

In my coaching I have noticed a couple of issues that seem to come up that might be confusing.   Some of the tips would only relate to San Diego or California transcripts and might not apply to other parts of the country.

Tips:

  1. San Diego case numbers are extremely long, for instance, 2015-0000329-CU-PT-CTL. The case number is too long to follow the caption and fit on a line. What reporters do is divide the number up, 2015-000329-, second line CU-PT-CTL.
  2. For the certificate page, the court reporter signs their name on the signature line, and the date line should have the date of your signature, not the date of the job.
  3. Attorneys in Southern California will ask reporters to leave a blank for the witness to fill in, for instance, asking for a telephone number of a doctor. The reporter would leave a blank in a parenthetical format: (Information Requested: ______________________________________.) The index for the transcript would index the request:
  4. INFORMATION REQUESTED TO BE PROVIDED:                                                                               PAGE
  1. Telephone number of doctor                                                                                                                            23
  1. Women are known as Ms. (not Mrs. or Miss). Unless someone says “Mrs.” or “Miss” In a transcript, women are all referred to as Ms. In colloquy it will always be MS. JONES, never MRS. JONES or MISS JONES. If someone asked me to refer to her as MRS. JONES in colloquy, I would do it, but in the past 35 years no one has asked me to do so.
  2. Unlike school, attorneys won’t always sit where they are supposed to, on the left side of the table for plaintiff and right side of the table for defendant. My suggestion is to wait until the attorneys sit down and then assign the left or right bank to their name rather than if they represent the plaintiff or defendant. This is especially important if you have many attorneys present representing cross-plaintiffs, cross-defendants, or third parties.
  3. For some reason possessive seems to be tricky. The only time you write it’s is if the word is a conjunction, and it could read it is. “It’s” is never possessive, for instance, I love it’s hat. (wrong)
  4. Use the California State Bar Attorney search to find elusive phone numbers and email addresses of attorneys. Save it as a FAVORITE. Attorneys have to keep their information current on the site or risk losing their license.

I wish all newly licensed court reporters great success. Please know that experienced reporters all over the country are relying on you to take up the gauntlet and keep our industry alive and strong.  You have our support.  Ask questions.  We need you.

@rosaliekramm (twitter)

Kramm Court Reporting (Facebook)

 

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

 

Kramm Court Reporting – Facebook

@rosaliekramm – Twitter

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.

@rosaliekramm (Twitter)

Kramm Court Reporting (Facebook)