Oxytocin Battles Stress

Three Things I Hate: Stress, Rejection, Worrying – Part 1 Stress

I’m not a social psychologist, but I know how to research a subject on the internet,
and I decided to learn about what the experts say about three things I hate, but are
a huge part of my daily life, feeling stressed, dealing with rejection, and worrying.

My first article in this series will deal with stress.

Part 1 – Stress

Stress is defined as “changes our body and mind experience in response to a
continually changing environment, something you can’t control; for example, traffic.
You can’t control traffic; you can control attorneys talking at the same time or too
fast to a certain extent, but a full day of telling people to talk one at a time is
stressful, and often the court reporter doesn’t have control.

What I discovered in my research is if we adjust ourselves to different circumstances,
stress can actually help us, or hinder us, depending on how we react to it.  When we are
stressed we secrete cortisol/adrenaline, fear or flight hormones.  As a working court
reporter and firm owner, I have relied on adrenaline to write faster and get things done.
I felt being “hyped up” was the way to be most effective.  I start with a double
cappuccino every morning to get my adrenal glands pumping.  But after 40 years, my energy
level is not as strong, and as a consequence I have hypothyroidism and have to take
Synthroid medication.

But, in my research, I learned about a relatively new scientific fact that is incredibly
great.  Oxytocin, the “love hormone” can physiologically battle the harmful effects of stress,
and it is pumped out simultaneously with adrenaline.

What scientists used to believe is oxytocin would only be produced by a mother breastfeeding
her child to help bond with her child.

Physiologically, when we are stressed our arteries get tighter.  Our heart beats faster, We
start breathing more, getting oxygen into our blood cells, which is a good thing, but that
tightening of the arteries is what’s really dangerous.  Oxytocin actually widens the
arteries allowing more blood flow.

The question is:  How do you get oxytocin to secrete in your body? Have you ever noticed when
you are stressed you want to reach out to a friend, confidante, someone you can talk to and
connect with?  When you do connect, you pump out oxytocin.

Personally, when I am stressed out about work or life in general, I look to talk to my husband
or trusted friends.  Just talking dissipates the “flight or fright” feeling.

The lesson is when you are stressed out, talk to a friend and connect – pump out your oxytocin.
Your arteries will open up, and your body will thank you.  Oxytocin = resilience.

Advice from the experts:  Think of your adrenals as a built-in pump, something that gets you
going when you feel that adrenaline rush.  Stop saying, “I am stressed,” but think of yourself as
being in a situation that is giving you stress.  It’s not you.  It’s not your body.  It’s the
situation.  Be curious.  Ask, “Why every single time I am in this situation I get so stressed
out?”  And start your oxytocin pump.

 

Twitter: @rosaliekramm

Court Reporters and Golfers practice for perfection.

COURT REPORTERS – How to Write SUPER FAST with Stress

I was reading a fantastic article in the Wall Street Journal about Francesco Molinari’s win at the British Open Golf Championship, “The Uncomfortable Practice Habits of a Champion,” and immediately thought about court reporters and particularly court reporting students.

The article, by Brian Costa, talks about how in past years Molinari would practice hitting balls on the driving range, hitting perfect shots, was always considered a top golfer, but never made the cut. Molinari was frustrated and decided to hire Dave Alred, a soccer/rugby sports psychologist. Alred wrote the book, “The Pressure Principle.” He advises athletes (court reporters) “you need to add stress to sometimes otherwise mindless practice shots” (speed tapes).

Golfers in many ways are like court reporters. They practice at their own speed, improve at their own pace, and don’t require teammates to make them successful. Becoming a great golfer takes hundreds of hours of practice and a special talent that only certain people are born with. Court reporters learn their theory and then spend hundreds of hours practicing for speed and accuracy, many hours alone only motivated by their strong desire to be great (or pass a speed test).

When Alred was hired by Molinari, Alred asked, “Do you want to be comfortable, or do you want to be ready?” As a court reporter, I know that I can write clean and fast when everyone is speaking clearly with a consistent cadence. But when it is time to pass the CSR, CRR, RMR… even though the speakers are speaking clearly and with a consistent cadence, nerves set in, and the writing becomes a challenge.

Costa writes, “Molinari went on to win the British Open with a stellar short game and almost robotically steady play on a volatile leaderboard. But his ascent to become the first Italian to win a major championship is rooted partly in a change he made only to the past two years. It wasn’t in the way he swung. It was the way he practiced.”

Costa goes on, “At their first session together, at the Riviera Country Club outside Los Angeles, was a preview of how things were about to change. Alred had Molinari practice a tricky flop shot on a downhill lie and asked him to keep hitting it until he had stopped five balls within 3 feet of the hole. It took him 48 tries.”   Alred made Molinari practice at a high frustration level

Another sports psychologist, Cordie Walker says, “We want to have learning environments that foster skills that are retained on the golf course.” (Speed test.) “Desirable difficulty,” a term coined by cognitive psychologist Robert Bjork argues that introducing a certain degree of challenge to the learning process boosts long-term retention.

The bottom line is the experts believe that practicing just for the sake of practice is not good enough. Practice needs to be intense and even uncomfortable. I am thinking it would be good to practice at quick bursts of speeds beyond my capability, slowing down to write sustained complex material, and then have another speed burst. That would be very tiring for my brain, but perhaps a beneficial exercise for increasing speed and accuracy.

I found the article about Molinari to be inspiring. I want to be better. Pushing out of our comfort zone will make us better than ever!

 

@rosaliekramm  (Twitter)

Kramm Court Reporting (Facebook)

 

Court Reporters = Stamina

5 Tips for Building Mental Stamina (Attorneys, Paralegals, Court Reporters)

Great attorneys, court reporters, videographers, and paralegals all perform in their jobs at the highest level and can get far on their raw ability, but as Robert E. Corb, Ph.D, the Director of Sports Psychology Program at UCLA in the article “5 Tips for Building Mental Stamina” points out, “What separates the truly elite from the rest is that they know how to use their minds.”

Professionals in the legal field need mental stamina to deal with quick deadlines, expedites, and many hours of focused inquiry and writing.  Corb suggests the following tips to build mental stamina:

1. Think Positively:  “Self-confidence is the most important mental characteristic that athletes (legal professionals) need,” says Corb.  We’ve all seen highly-skilled athletes who    lose their self-confidence fall apart.

How do you get more self-confidence?  Corb urges people to listen to what they’re telling themselves.  “If you keep saying, ‘I’ll never be able to do this,’” before a speed test or jury trial, “then you won’t be able to do it. If you say something enough to yourself, you’ll make it come true.”

I think we all have heard the advice, “act as if.”  The experts suggest that you replace the negative thoughts with positive thoughts on a conscious level, and in time interrupting    the negative thoughts and replacing them with positive ones will have a real effect on what you want to succeed at.

2. Use Visualization: “Some athletes use visualization right before a game to practice mentally,” says David Geier, M.D., an orthopedic surgeon and Director of Sports Medicine at the   Medical University of South Carolina.  “A basketball player might close her eyes and think what a free throw will look like.”  Visualization can give you a mental space to rehearse.
Corb also says, “I tell people to visualize past achievements.  It’s almost like a highlight reel that you play back in your mind.  Focus on times you felt really good, and remember  that feeling.  It can give you a real boost.”

3. Plan for Setbacks:  As an attorney you might lose a client, and as a court reporter in school you might not pass a speed test you thought you were ready for.  These things happen.   Corb suggests, “One of the things that separates elite athletes is their ability to hold up after a setback.  They don’t spiral out of control.”  How can you regain your confidence  when things go wrong?  “You need to practice techniques to re-center yourself,” Corb says.  Athletes use different methods to become re-centered:  a sequence of stretches, a  positive mantra they repeat to themselves, a specific song they play in their head or iPod; 30 seconds of deep breathing. The experts say to have a plan in place so you know what to  do when the pressure mounts.

4. Manage Stress:  “Not all stress is bad,” says Geier.  “The fight or flight response can push you harder during an athletic competition.”  Corb points out, “Positive stress  (excitement) and negative stress (anxiety) really have the same physical effects.  Your heart rate and breathing go up.  Your pupils dilate.”  Use excitement to get amped up, but if  it is tipping you into panic, that’s bad.  It is up to you how you interpret the “stress.”
5. Sleep More:  Studies have shown that getting enough sleep can improve reaction time and split second decision making.  (7 to 9 hours a night is the goal.)
Develop a Plan to Build Your Mental Stamina

Mental stamina is a skill.  Building your mental stamina takes practice, and the experts say to have a plan.  Building mental stamina will have a tremendous benefit for your life.

 

@rosaliekramm  (Twitter)

Kramm Court Reporting (Facebook)

Certified Shorthand Reporters' ethical obligations in California

Court Reporters’ Legal Obligations – California Code of Regulation

Below is the language that court reporters are to adhere to in California. I have summarized Items 1 through 8 to simplify the regulation for court reporters and attorneys.

Summary:

  1. Court reporters are to make truthful and accurate public statements when advertising professional qualifications and competence and/or services rendered to the public.
  2. Maintain confidentiality of information.
  3. Perform professional services competently. If you determine you are not competent, notify the parties present or the presiding official (judge). The court reporter may continue if all parties present stipulate or upon an order of the presiding official.
  4. Comply with legal and/or agreed-to delivery dates and/or provide prompt notification of any delays.
  5. Promptly notify, when reasonably able to do so, all known parties in attendance at a deposition or civil court proceeding of any request for the preparation of all or any part of a transcript and/or rough draft. (No such notification is necessary if it comes from the Court.)
  6. Act without bias or prejudice against any party or their attorney
  7. Do not enter into a relationship that compromises the impartiality of the CSR, including if compensation is based on the outcome of a proceeding.
  8. Do not give or receive any gift in the aggregate that is more than $100 in a calendar year.

 

FAQs:

Q.  Do I have to put my CSR number on all of my emails after my name and on invoices to the agencies I work for?

A.  In reading No. 1, yes, you proudly will put your CSR number on all professional correspondence after your name.

Q. Do I have to tell the attorneys if the judge asks me to provide a transcript or rough draft?

A.  In reading No. 5, “No such notification is necessary if the request comes from the Court.”

Q.  When I am in court and report a civil trial or hearing, and an attorney asks me to get them a transcript or rough draft, but not to tell opposing counsel, can I do that?

A.  Once again in reading No. 5, the court reporter is to advise all parties if a transcript or rough draft is ordered when reasonably able to do so.

Q.  I cannot keep up with the witness and the attorney has a thick accent. I don’t think I can produce a record. What do I do?

A. According to No. 3, notify everyone. If they stipulate to allow you to continue (writing to the best of your ability) you may continue. (Good luck.)

Q. Is it true that we are not supposed to give a gift that is more than $100 per year to an attorney, legal secretary or paralegal that we do business with?

A.  No. 8 goes into detail about gift-giving, which is a chronic problem in our industry.

______________________________________________________________________________________________________________________________________

CA Code of Regulation, Title 16, Division 24, Article 8, section 2475:

 

(a) Consistent with any action that may be taken by the Board pursuant to Sections 8025 and 8025.1 of the Code, the Board may cite a business that renders professional services, namely shorthand reporting services, within the meaning of Corporations Code Section 13401 or cite or discipline any certificate holder, including suspending, revoking, or denying the certification of a certified shorthand reporter, for violation of professional standards of practice.

(b) Every person under the jurisdiction of the Board who holds a license or certificate, or temporary license or certificate, or business that renders professional services, namely shorthand reporting services, within the meaning of Corporations Code Section 13401, shall comply with the following professional standards of practice:

(1) Make truthful and accurate public statements when advertising professional qualifications and competence and/or services offered to the public.

(2) Maintain confidentiality of information which is confidential as a result of rule, regulation, statute, court order, or deposition proceedings.

(3) Perform professional services within the scope of one’s competence, including promptly notifying the parties present or the presiding officer upon determining that one is not competent to continue an assignment. A licensee may continue to report proceedings after such notification upon stipulation on the record of all parties present or upon order of the presiding officer.

(4) Comply with legal and/or agreed-to delivery dates and/or provide prompt notification of delays.

(5) In addition to the requirements of Section 2025.220(a)(5) of the Code of Civil Procedure, promptly notify, when reasonably able to do so, all known parties in attendance at a deposition or civil court proceeding and/or their attorneys of a request for preparation of all or any part of a transcript, including a rough draft, in electronic or paper form. No such notification is necessary when the request is from the court.

(6) Act without bias toward, or prejudice against, any parties and/or their attorneys.

(7) Not enter into, arrange, or participate in a relationship that compromises the impartiality of the certified shorthand reporter, including, but not limited to, a relationship in which compensation for reporting services is based upon the outcome of the proceeding.

(8) Other than the receipt of compensation for reporting services, neither directly or indirectly give nor receive any gift, incentive, reward, or anything of value to or from any person or entity associated with a proceeding being reported. Such persons or entities shall include, but are not limited to, attorneys or an attorney’s family members, employees of attorneys or an employee’s family members, law firms as single entities, clients, witnesses, insurers, underwriters, or any agents or representatives thereof. Exceptions to the foregoing restriction shall be as follows: (A) giving or receiving items that do not exceed $100 (in the aggregate for any combination of items given and/or received) per calendar year to or from an attorney or an attorney’s family members, an employee of an attorney or an employee’s family members, a law firm as a single entity, a client, a witness, an insurer, an underwriter, or any agent or representative thereof; or (B) providing services without charge for which the certified shorthand reporter reasonably expects to be reimbursed from the Transcript Reimbursement Fund, Sections 8030 et seq. of the Code, or otherwise for an “indigent person” as defined in Section 8030.4(f) of the Code.

Kramm Court Reporters & Legal Video has the court reporters and videographers that are familiar with the rules and are happy to answer any questions you might have about your next deposition.

 

@rosaliekramm  (Twitter)

Kramm Court Reporting (Facebook)

 

 

Deposition and Arbitration conference room

CALIFORNIA OFFICIAL COURT REPORTERS SHALL DELIVER PDF COURT TRANSCRIPTS

AB 1450 was approved by Governor Brown and filed with the Secretary of State on October 6, 2017.  What does this mean for attorneys and judges using court transcripts?

The law prior to October 2017 would authorize a court, party, or other person entitled to a transcript to request that it be delivered in computer-readable form, except as specified.

AB 1450 would instead require an official reporter or official reporter pro tempore to deliver a transcript in electronic form, in compliance with the California Rules of Court, to any court, party, or person entitled to the transcript, as specified, unless among other things, the party or person requests the transcript in paper form.  The bill would provide that an official reporter or official reporter pro tempore is not required to use a specific vendor, technology, or software to comply with this requirement unless he or she agrees with the court, party, or person entitled to the transcript to use a specific vendor, technology, or software.
This California Code of Civil Procedure now reads as follows:

Section 271.  (a) An official reporter or official reporter pro tempore shall deliver a transcript in electronic form, in compliance with the California Rules of Court, to any court, party, or person entitled to the transcript, unless any of the following apply:

(1) The party or person entitled to the transcript requests the reporter’s transcript in paper form.

(2) Prior to January 1, 2023, the court lacks the technical ability to use or store a transcript in electronic form pursuant to this section and provides advance notice of this fact to the official reporter or official reporter pro tempore.

(3) Prior to January 1, 2023, the official reporter or official reporter pro tempore lacks the technical ability to deliver a transcript in electronic form pursuant to this section and provides advance notice of this fact to the court, party, or person entitled to the transcript.

(b) If a paper transcript is delivered in lieu of an electronic transcript described in subdivision (a), within 120 days of the official reporter or official reporter pro tempore shall provide, upon request, a copy of the original transcript in full text-searchable portable document format (PDF) if the proceedings were produced with computer-aided transcription equipment.  The copy of the original transcript in full text-searchable PDF format shall not be deemed to be the original transcript.

(c) Nothing in this section changes any requirement set forth in Section 69950 or 69954 of the Government Code, regardless of whether a transcript is delivered in electronic or paper form.

(d) Except as provided in subdivision (b), an electronic transcript delivered in accordance with this section shall be deemed to be an original transcript for all purposes, including any obligation of an attorney to maintain or deliver a file to a client.

(e) An electronic transcript shall comply with any format requirement imposed pursuant to subdivision (a).  However, an official reporter or official reporter pro tempore shall not be required to use a specific vendor, technology, or software to comply with this section, unless the official reporter or official reporter pro tempore agrees with the court, party, or person entitled to the transcript to use a specific vendor, technology, or software.  Absent that agreement, an official reporter or official reporter pro tempore may select the vendor, technology, and software to comply with this section and the California Rules of Court.  In adopting transcript format requirements for the California Rules of Court, consideration shall be given on a technology-neutral basis to the availability of relevant vendors of transcript products, technologies, and software.

(f) After January 1, 2023, if new or updated rule of court format requirements for electronic transcripts necessitate a significant change in equipment or software owned by official reporters or official reporters pro tempore, the official reporters and official reporters pro tempore shall be given no less than one year to comply with the format requirements.  If the change is necessary to address a security issue, then a reasonable time shall be given to comply with the new format requirements.

All court reporters who work with Kramm Court Reporting use computer-aided transcription software and can provide text-searchable PDF transcripts for court or depositions.

 

@rosaliekramm  (Twitter)

Kramm Court Reporting (Facebook)

Deposition Arbitration Room

ATTORNEYS – 8 ADMONITIONS FOR DEPOSITIONS

As a court reporter, I have sat through thousands of depositions and heard thousands of variances on the admonitions attorneys give the witness at the beginning of a deposition.  Many attorneys have a checklist that they use so as to not forget any particular admonition.  These eight admonitions are the most common:
1. All testimony is under oath just as if the witness were testifying in a court of law.  Penalty of perjury laws apply.

2. Answers need to be audible, no shakes of the head, shoulder shrugs.  “Uh-huh” and “huh-huh” are difficult to interpret in a written form.

3. Witnesses may estimate, should not guess.  (Example:  How much change is in my pocket? = Guess.  How much change is in your pocket? = Estimate)

4. Everything that is said is being taken down by the court reporter verbatim, unless everyone agrees to go off the record.

5. You will have an opportunity to read/sign the deposition transcript and make corrections you believe are necessary.

6. Allow question and any objections to be stated before you speak.  The court reporter cannot take down more than one person speaking at the same time.  Otherwise, the record will be jumbled, and the questions and answers will be disjointed.   Pause before answering so counsel have a chance to object to a question.

7. Objections are for the record.  Unless your counsel instructs you not to answer, you are to answer.  The judge will later decide what questions and answers will be allowed in future proceedings.

8. Breaks are allowed.

________________________________________________________________________________

Admonitions that might bring objections or waive Federal Code provision:

1. You must answer a question that is pending before being allowed to take a break.

2. You will have a chance later to read/sign transcript; but if changes are made, and they are substantive, that can reflect poorly at trial on your being truthful while at the deposition.  (Court reporters are taught that if this admonition is given in a deposition that falls within the Federal Rules, Rule 30 comes into play, and the witness will have the right to read/sign.)

In another related article, we discuss Witnesses Unintentionally Waive Right to Read/Sign Under Federal Rules.

 

@rosaliekramm  (Twitter)

Kramm Court Reporting (Facebook)

 

Court Reporters - Be Careful with Windows 10 Updates

Court Reporters – WARNING – Windows 10 Updates

One of the great court reporters we work with who is on StenoCat had a HORRIBLE experience setting up in court this week and sent the following alert:

“New Windows update could possibly wreak havoc on your computer settings.

“My computer updated last night, and this morning all my drivers were erased, my Bluetooth was disabled, my software key would not work, and all my COM ports were missing from my Device Manager.

“Also, because that wasn’t enough, my SD card on my writer was “bad” and would not save any new jobs so writing on it and transferring the notes to the computer later was not an option.

“Obviously my writer issue had nothing to do with the Windows update, but it happened all on the same day. Complete system fail.

“While our office staff scrambled to find another reporter to cover my job, I re-loaded my software, my drivers, and somehow managed to get it working in 20 minutes.  I had to write without a dictionary so my tran rate was a big fat zero, and my screen was all red.

“I’ve now reconfigured everything and all is well.

“After you install this latest update, set everything up and test it before you go to a job.  It was probably just a weird thing on my end, but it was super stressful and I want to save you all from living this nightmare.”

_________________________________________________________________________________

From my experience, the best way to handle this problem is to turn off Windows updates.  This is the process according to my Google search:

1.  Click Computer Configuration.

2. Click Policies

3. Click Administrative Templates

4. Click Windows Component

5. Click Windows Update

6. Double click Turn off the upgrade to the latest version of Windows through Windows Update

7.  Click Enable.

Microsoft has made it extremely difficult to stop the updates in Windows 10.  If you can choose to never install updates or you decide when and if you wish to install an update, that is your best bet, in my opinion.

 

@rosaliekramm  (Twitter)

Kramm Court Reporting (Facebook)

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 tenth day, the attorney that was not present for the “hold notes” conversation 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)

Kramm Court Reporting (Facebook)

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.

@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