Tips for Attorneys about Realtime Reporting

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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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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Moscow MVC

5 Tips for a Successful International Mobile Videoconference Deposition

Last month a paralegal called Kramm to inquire whether we could set up a Skype-like deposition (mobile videoconference) to depose a witness in Moscow. The attorneys would be in San Diego. The paralegal had questions about the logistics of setting up the deposition, the quality of the video/audio, and cost. The attorneys also needed the video to be captured for trial testimony.

We suggested to the paralegal the following 5 steps would need to take place for a successful mobile videoconference (MVC) deposition:

  1. Kramm would use Cameo II as the MVC platform due to the fact that the attorneys would use our Polycom videoconference equipment in San Diego, and at the Moscow location there would be a computer with a webcam available for the witness. Cameo II allows the interface of a traditional videoconference unit with an iPad/PC/MAC. (Note: Using Cameo II rather than a traditional VC unit in Moscow saved the client hundreds of dollars.)
  2. The witness would need to be in an office or location that had hardwire internet capability. (Note: The witness in Moscow chose to wear a headset to ensure clear audio. A teleconference number was set up as backup if the audio was not sufficient with Cameo II.   The teleconference was not necessary. The Cameo II audio was excellent, which saved the client TC costs.)
  3. Approximately a week before the deposition, the witness was sent the Cameo II link and went to the deposition site in Moscow to run a test with Kramm’s VC unit to troubleshoot any issues that might come up.
  4. Kramm had a legal videographer in San Diego capture the video/audio feed off of the Polycom unit, and whose job was to QC the video/audio to preserve the testimony for trial.
  5. A Russian interpreter was in San Diego. She interpreted the testimony in a consecutive mode (not simultaneous) which allowed accuracy for the syncing of the transcript. (Note: In past MVC depositions wherein the witnesses were in Serbia and China, the interpreter was with the witness. We leave it up to the attorneys to decide where the interpreter should be located.)

I am happy to report the Moscow deposition went perfectly, and the client was thrilled with the result. Using the newest mobile videoconferencing technology, attorneys can save a tremendous amount of time and money. It is not always necessary to fly to a foreign country or even out of state to conduct a deposition or preserve trial testimony. It does take planning and knowledge of the pros and cons of the different MVC products in the marketplace. If you have any questions on mobile videoconferencing, let me know. Finding solutions using technology for our clients is what we do best.

 

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NCRA Court Reporting Captioning Week

Salute to Court Reporters and Captioners – A Terrific Career, Great Future

In five years there are going to be 5,500 job openings for court reporters and captioners.  Why?  The average age of a court reporter in the USA is 55.  I have written in past blogs about people asking me if I believe there is a future in court reporting.  Speaking from all of my years of experience and paying attention to the court reporting industry, I promise that there is great opportunity for anyone that wants to go to court reporting school.

This week court reporters and captioners across the nation are celebrating 2015 National Court Reporting & Captioning Week.  To find out information about being a court reporter go to www.crTakeNote.com.

I salute all court reporters, captioners, and CART writers everywhere in every country.  I believe court reporting is the best profession EVER!  Court reporters rock!!!

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Deposition Transcripts and Exhibits – Who Needs Paper?

transcripts_gogreen_001

Many of my attorney clients have asked me if I know what other law firms are doing to reduce paper. I know of two firms, one in Milwaukee and another in San Diego, that are completely paperless, but I am thinking my clients want suggestions for basic steps to take so they can eliminate storage fees and save office space, money, and especially the planet.

My first suggestion would be to have a standing order for a case with the court reporting firm to take delivery of deposition transcripts and exhibits in an electronic format only. Of course the original would always be printed for reading and signing and to be filed with the Court, but many times the certified copies are voluminous and not necessary until the attorney needs them for a hearing and/or trial. If the hard copy became necessary, the court reporting firm would ship out the transcript immediately.

Many court reporting firms, including Kramm Court Reporting, have electronic repositories wherein attorneys and paralegals can pull their transcripts and exhibits 24/7 in all formats.  Our Case 24/7TM repository is secure, is HIPAA compliant, and also gives law firms access to their deposition, hearing, and arbitration calendar, as well as notices, erratas, and any other relevant documentation to a case.

If you are interested in ordering electronic transcripts only, please let us know. We would set up the perfect delivery mechanism that would fit your law firm’s needs.

Filing the deposition with court - CA CCP

CAN A COURT REPORTER SWEAR IN A WITNESS ANYWHERE IN THE USA? FEDERAL RULES

Deposition court reporters will often travel with cases throughout the USA and the world. Attorneys require technologically savvy court reporters with expertise in complex subject matters.

In my previous blog about the USPTO rules, I found language that would allow counsel to stipulate to allow any person authorized to administer oaths to swear in a witness for a deposition. Upon publishing the blog, I received inquiries from court reporters from around the USA asking if there was similar language for cases filed in federal courts.   This would be particularly helpful for the states that have adopted the Federal Rules as their governing law.

Reading through Rule 28, “Persons Before Whom Depositions May Be Taken,” I came across the following language: “(a) Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by a court in which the action is pending. A person so appointed has power to administer oaths and take testimony. The term officer as used in Rules 30, 31 and 32 includes a person appointed by the court or designated by the parties under Rule 29.”

Rule 29 reads as follows: “Unless otherwise directed by the court, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions.”

I know NCRA has done quite a bit of investigation and has published an opinion regarding administering oaths and is advocating for court reporters to have the opportunity to become authorized to administer oaths by the laws of the United States, which would be fantastic.

I am not an attorney, but I am suggesting that Rule 29 allows for parties to stipulate in writing to giving a court reporter the authority to administer oaths in cases that are subject to the Federal Rules. I would invite any feedback or interpretation of Rule 28 and 29. My goal is to find solutions for the great court reporters who travel with our profession.

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ErrorSm

USTPO – When a Deposition Transcript has an Error, What Do You Do?

While reading the rules of the United States Patent and Trademark Office regarding depositions, I came across 37 CFR 2.125(b) and was very surprised to read that if there are typographical or spelling errors in a deposition transcript, the court reporter, aka deposition officer, is to redo the transcript with the corrections. Errata sheets are not accepted by the USTPO. If the corrections are voluminous, the witness may handwrite the correction on the transcript above the original text and initial the correction. BUT “material changes in the text are NOT permitted.”

37 CFR § 2.125(b) The party who takes testimony is responsible for having all typographical errors in the transcript and all errors of arrangement, indexing and form of the transcript corrected, on notice to each adverse party, prior to the filing of one certified transcript with the Trademark Trial and Appeal Board. The party who takes testimony is responsible for serving on each adverse party one copy of the corrected transcript or, if reasonably feasible, corrected pages to be inserted into the transcript previously served.

A party that takes testimony is responsible for having any errors in the transcript corrected, on notice to each adverse party, prior to the filing of the certified transcript with the Board.

If the witness, upon reading the transcript, discovers that typographical or transcription errors need to be corrected, or that other corrections are necessary to make the transcript an accurate record of what the witness actually said during the taking of his or her testimony, the witness should make a list of all such corrections and forward the list to the officer before whom the deposition was taken. The officer, in turn, should correct the transcript by redoing the involved pages.

Alternatively, if there are not many corrections to be made, the witness may correct the transcript by writing each correction above the original text that it corrects, and initialing the correction. Although parties sometimes attempt to correct errors in transcripts by simply inserting a list of corrections at the end of the transcript, this is not an effective method of correction. The Board does not enter corrections for litigants, and the list of corrections is likely to be overlooked and/or disregarded.

While corrections may be made in a transcript, to make the transcript an accurate record of what the witness said during the taking of his or her testimony, material changes in the text are not permitted — the transcript may not be altered to change the testimony of the witness after the fact.

If corrections are necessary, the party that took the deposition must serve on every adverse party a copy of the corrected transcript or, if reasonably feasible, corrected pages to be inserted into the transcript previously served.

If errors are discovered after the transcript has been filed with the Board, a list of corrections, signed by the witness, should be submitted to the Board (and served on every adverse party), together with a request for leave to correct the errors. Alternatively, the parties may stipulate that specified corrections may be made. If the request is granted, or if the parties so stipulate, the party that took the deposition should file a substitute, corrected transcript with the Board.

 

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SwearIn

USPTO – Great Information for Court Reporters and Attorneys – Swearing in a Witness

As court reporters in the patent and trademark litigation world, we are often asked to report depositions in foreign countries. One of the requests that frequently comes up is, who is going to swear in the witness? Certain countries have rules that would prohibit any swearing in on their soil, such as Japan and China.

In doing research regarding USPTO deposition rules, I found the following:

(1) The testimony of witnesses in inter partes cases may be taken by depositions upon oral examination as provided by this section or by depositions upon written questions as provided by § 2.124. If a party serves notice of the taking of a testimonial deposition upon written questions of a witness who is, or will be at the time of the deposition, present within the United States or any territory which is under the control and jurisdiction of the United States, any adverse party may, within fifteen days from the date of service of the notice, file a motion with the Trademark Trial and Appeal Board, for good cause, for an order that the deposition be taken by oral examination.

(2) A testimonial deposition taken in a foreign country shall be taken by deposition upon written questions as provided by § 2.124, unless the Board, upon motion for good cause, orders that the deposition be taken by oral examination, or the parties so stipulate.

(b) Stipulations. If the parties so stipulate in writing, depositions may be taken before any person authorized to administer oaths, at any place, upon any notice, and in any manner, and when so taken may be used like other depositions. By written agreement of the parties, the testimony of any witness or witnesses of any party, may be submitted in the form of an affidavit by such witness or witnesses. The parties may stipulate in writing what a particular witness would testify to if called, or the facts in the case of any party may be stipulated in writing

The “Stipulations” language makes it easy for attorneys to take oral testimony and have the deposition officer swear in the witness.

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Filing the deposition with court - CA CCP

Court Reporters and Codes, Rules, and Geographic Stipulations – We Have to Know It All

Court reporters don’t have the luxury of assuming different states and regions all operate in the same way or have the same rules and laws that apply. When reporting a deposition in a matter that is in a jurisdiction that is not familiar, it is important to pay attention and ask questions. There may be stipulations that are typical in certain states or geographical areas. For instance, the waiving of signature is rare in California and typical in other parts of the country or certain types of litigation, such as asbestos. If the signature is waived, it should be noted, and no signature line be provided. Out of habit or a macro, I have seen court reporters insert signature lines and penalty of perjury clauses on transcripts when they are not called for.

Some states are known to court reporters as “nonwrite-up states.” Those are the states wherein attorneys have the custom and habit of not having a deposition transcribed until they believe they will need the transcript for a hearing or trial. California is not one of the nonwrite-up states.

What California is, and which is unique, is it’s a state with a code section that gives the court reporter direction as to whom to charge for the transcript if opposing counsel orders it transcribed and the noticing attorney has asked that the court reporter to not transcribe the stenographic notes.

California Codes, Code of Civil Procedure Section 2025.510 (a) reads: Unless the parties agree otherwise, the testimony at any deposition recorded by stenographic means shall be transcribed. (b) The party noticing the deposition shall bear the cost of that transcription, unless the court, on motion and for good cause shown, orders that the cost be borne or shared by another party.

I have had the situation in which one of my clients has asked that a transcript not be produced. The opposing counsel wants to purchase a copy. In this scenario, I believe this code section triggers the noticing attorney to have the responsibility to pay for the original and one, even if she/he doesn’t want the transcript, unless the parties come to an agreement otherwise.

I understand that Washington State is a nonwrite-up state, and there is no such language in their state codes. Therefore, the Washington State court reporters have to be very careful and not assume a transcript will be written up, always ask; and if opposing counsel orders a copy, it has to be very clear who is going to pay for the transcribing of the original and one. Florida is another nonwrite-up state. I am sure there are others.

Being a great court reporter takes a lot of skill other than just writing steno fast. They have to know the laws that govern their profession. It truly is amazing how wonderful court reporters are and what they do every day. I am proud to be a court reporter.

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Court Reporters and Legal Videographers – Beware of Address Searches on the Internet

Filling out an appearance page for a deposition or court transcript takes time and concentration. Everything has to be correct. Getting an attorney’s card is the best way to ensure you have the correct information, but as everyone knows many attorneys forget to bring their cards.

Plan B would be to go to the internet. I believe a best practice is to go onto a law firm’s website to get contact information, including the email address. Sometimes with smaller law firms, because attorneys are worried about keeping their information private, the email address is not published.

Plan C would be to go onto the state bar’s website. The California State Bar has an attorney listing website with the name, address, phone number and a high percentage of the time the email address.

I would not use Google Maps as a tool to find a lawyer’s address. In the past month I have found a doctor’s office address to be completely incorrect, and when I called the doctor’s office to confirm their address, they were shocked to hear that Google Maps had it wrong. This week one of our reporters had an incorrect zip code found in Google Maps.

I believe every court reporter’s appearance page in the modern transcript should include the name of the law firm, attorney’s name, address, phone number, and email address. Every great reporter has correct appearances.

@rosaliekramm

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