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Deposition by Written Question

Consequences to Tearing Apart the Original Deposition Transcript

In Southern California many of the attorneys recite at the end of a deposition what is known as the “SoCal stip,” which is a stipulation that the noticing attorney agrees the court reporter will send the witness’ attorney the original transcript for reading/signing, and the witness’ attorney is tasked with maintaining the original and bringing it to court for trial.   (Nowhere else in the USA does this practice happen.)

Kramm Court Reporting uses VeloBind to bind transcripts, a method that punches tiny holes along the spine of the transcript, plastic strips are inserted, and then the VeloBind machine uses heat to melt the plastic so that there is a strong bind, and it is difficult to pull the transcript apart.

Last week I received a call from an attorney demanding that we re-bind an original transcript. I asked him who tore it apart. He replied that his firm did so that they could scan and OCR the transcript since they did not wish to purchase a Certified Copy from the court reporter.

I told him that it would be improper under the California Code of Civil Procedure for us to re-bind an original that had been torn apart. He asked why? I replied that we wouldn’t be able to certify a transcript that was taken apart. He asked why again.  I gave him the hypothetical that perhaps his firm might have changed some of the testimony, added or deleted something.

Then he said, “Why would we do that? It was our client’s testimony.”

I replied, “Maybe you didn’t like your client’s testimony.”

He wanted my full name so he could report me.

______________________________________________________________________________________________

Bottom line: Court reporters, don’t be intimidated or acquiesce when someone asks or demands that you put together an original transcript after it was taken apart.  Attorneys do stipulate away the original to allow for easier read/sign, but no part of that stipulation gives anyone permission to tear apart the transcript. Once a transcript has been dismantled, the liability of the torn-apart transcript falls upon the person’s shoulders who took it apart.  That person can tell the judge what happened and suffer the consequences.

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)

Court Reporters and Legal Videographers Sync Time

Court Reporters – Legal Videographers: How to Change Time in Windows 10 for Syncing

Court reporters working with legal videographers need to sync time before every deposition so that they can provide a transcript with timestamps that match the time on the video that is created by the videographer’s camera’s date/time generator. Videographers have told me that most of the reporters they work with do not know how to change time on their laptops, especially if they are on Windows 10, so the videographers change the time on their cameras.  But I think it is a good idea for the court reporter to know how to change time as well.

There are two problems with changing time on Windows 10. First, it is not obvious or user friendly how to make the change.  Second, Windows 10 does not allow for seconds to be displayed unless you download additional non-Microsoft, third-party software, for example, T-Clock Redux or TClockEx. (I have not vetted either product.)

The first problem is easily dealt with if you follow Method One or Method Two to access the date/time:

Method One:

  1. Right click on the Time on the bottom right-hand side of your computer
  2. Click on Adjust Date/Time.
  3. Click Change under Change Date/Time.

Method Two:

  1. Change date and time in PC settings. Access PC setting by going to Start and clicking on PC settings
  2. Open Time & Language. You will reach the same window as in No. 3 above.

There are two ways to solve the second problem, not being able to set seconds.

    1. I change my time to be the closer choice to the videographer’s time. For example, if the videographer says it is 9:24 and 14 seconds, I would change my time to be 9:24. But if the videographer says it is 9:24 and 48 seconds, I would change my time to be 9:25
    2. Change the time to be whatever the videographer’s next minute is on his/her camera. The videographer has to count down to the minute, and then you hit enter, which can seem like a long time if the countdown is from 10 seconds.(I typically choose No. 1 to solve the problem unless the videographer’s camera is almost on the minute. My personality doesn’t sit well with waiting 45 seconds with my finger hovering over the Enter button. I have things to do getting ready for a deposition to begin.)

The main goal of this article is to let court reporters and videographers understand one issue that only comes up in Windows 10 that we need to think through in order to sync time and create the best product for our clients.

 

@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)

 

 

Important Documents

How Long Do We Have to Save Important Documents?

I was reading a great article put out by Consumer Reports on how long and why certain documents need to be kept and thought it would be beneficial to court reporters, attorneys, all legal professionals.  It is suggested that you categorize your documents in four ways:  Papers you need to keep for a calendar year or less; papers you can destroy when you no longer own the item; tax records; papers you need indefinitely.

Category 1 – Papers to Keep for the current calendar year (or less):

1.  ATM, credit card, and bank deposit receipts – reconcile with monthly statement and then shred
2.  Keep insurance policies and investment statements until new ones arrive

Category 2 – Papers to keep for a year or more:

1.  Keep loan documents until the loan is paid off
2.  Hold onto vehicle titles until the vehicle is sold
3.  For stocks/bonds, keep investment purchase confirmation until you sell the investment unless that info appears on your statement (in order to establish your cost basis and holding period).
4.  Receipts for home improvement (help offset capital gain taxes when the property is sold)

Category 3 – Taxes:

1.  Keep records seven years.  (If you fail to report more than 25 percent of your gross income on your taxes, the IRS has six years to collect from you.)

Category 4 – Papers to keep indefinitely

1.  Military discharge papers
2.  Birth certificate
3.  Estate planning documents
4.  Life insurance policies
5.  Social security card
6.  Marriage certificate
7.  Inventory of your bank deposit box

Michelle Crouch, Personal Financial Writer states, “The IRS considers electronic documents as good as paper. Just make sure you encrypt the files and store backup copies on a USB flash drive, a CD, a DVD, a portable hard drive or with a web-based storage service.

Tanza Loudenback, Business Insider writes, “Anything with an original signature or a raised seal needs to be kept in its original condition:

  • Birth certificates
  • Citizenship papers
  • Custody agreement
  • Deeds and titles
  • Divorce certificate
  • Loan/mortgage paperwork
  • Major debt repayment records
  • Marriage license
  • Military records
  • Passport
  • Powers of attorney
  • Stock certificates
  • Wills and living wills

One of my personal goals for 2018 is being more organized than ever, and knowing what documents I need to physically keep, what I am allowed to save in an electronic format , and what I can throw away eases my mind so that I don’t worry about not doing the right thing in saving important papers.

 

Court Reporters and Attorneys look for work life balance

Finding Work Life Balance – Attorneys and Court Reporters

If one decides to live a better life with work life balance and Googles, “How to achieve work life balance,” one would get over 150,000 hits with advice from psychologists, life coaches, and a myriad of other types of people.

After studying the question, and reading a ton of articles, I finally found the answer. Ready?  Work life balance is a myth.  It is impossible to achieve.  There is no such thing, and many people will beat themselves up trying to find the perfect balance.

I believe many attorneys and court reporters can easily work too much, not take care of their bodies, put off family and friends, having fun, until a more convenient time when there is no expedited transcript or hundreds of pages to scope.   When will that time come?  When you’re old?  Infirmed?  Exhausted?

The experts all agree there are five spheres of life that we have to focus on: HEALTH, WORK, FUN, FAMILY, FRIENDS.  If we don’t give energy to any one of these, our life is not fulfilled.  The experts also say that the key is to integrate all five spheres into your life NOW, to not wait, but use the whole of our workday, home life, and be mindful.

HEALTH SPHERE: We cannot put off taking care of our bodies.  Our bodies are fantastic, and we need to respect and take care of ourselves.   The experts all agree it is important to start off the day with a healthy breakfast.  Super busy people have a habit of not eating (no time) until they are so hungry that chips and junk food seem like a perfect solution.  Plan your meals.  Create a quick, healthy lunch routine.

Did you know you can do yoga in your chair? Attorneys and court reporters sit more than probably any other profession.  If you Google “Chair yoga,” you will be shocked how many great videos there are that show us how we can do simple stretching exercises while at our machines, and they’re not weird yoga poses.  The attorneys will never know you are exercising and stretching.

Exercise doesn’t have to be training for a marathon. It can be a walk around the block.

WORK SPHERE: Attorneys talk super fast.  The seven-hour rule is more like nine hours.  Depositions can go from 9:00 a.m. to 7:30 p.m. easily.  Expedites can come at us any moment like sniper fire.  Some things we cannot control. BUT there are attorneys and reporters who are using their jobs to enjoy life.  When traveling for a deposition, find time to enjoy where you are, even if it is just for an hour.  Your body and brain deserves to enjoy.

When talking about work life, the advice that came up over and over again was organization. Having an organized office, desk, home, and team allows your brain to relax.  When I talk about “organized team,” I mean to be ready with a scopist, back-up scopist, proofreader, housekeeper, gardener, Uber driver, whatever it takes to allow you to do what you do best and make money.

Multitasking has become a big part of our work life because of email, smart phones, and constant information coming at us. BUT multitasking is incredibly bad if you are striving for any type of balance.   In one recent study, Russell Poldrack, a psychology professor at UCLA found that “multitasking adversely affects how you learn.  Even if you learn while multitasking, that learning is less flexible and more specialized, so you cannot retrieve the information as easily.”  People use different parts of the brain for learning and storing new information, and when people are multitasking, the brain scans show people using the part of the brain called the striatum, a region of the brain involved in learning new skills; brain scans of people who are not distracted show activity in the hippocampus, a region involved in storing and recalling information.  Poldrack warns, “We have to be aware that there is a cost to the way that our society is changing; that humans are not built to work this way.  We’re really built to focus.  And when we force ourselves to multitask, we are less efficient in the long run.”

FAMILY SPHERE: Improve family life balance. Don’t be afraid to unplug. Create and stick to a daily routine. Make time for yourself. You need your own time. Take your vacation. Be present. Be consistent. Be accountable. Never feel guilty about taking time for yourself or for taking a vacation. Enjoy every minute. Notice the beauty around you and breathe.

FRIENDS SPHERE: Friends are important. Keep in contact. Don’t keep score. In other words, don’t think, “I invited her over last time. It is her turn to invite me over.” Be loyal. In other words, don’t tell others what your friends have trusted you to know. Remember their birthdays. Deal with any conflict. Be a fan and want for your friends to succeed. Live in the moment. Follow the golden rule. Friends are quality, not quantity.

FUN SPHERE: Find fun wherever, whenever you can. Use music in the morning to help wake you up. Dance in your room. Sing in the shower. Laugh at your pets’ antics. You are allowed to have fun all of the time – so let yourself.

Integration is the key to success

Being off-balance is good for you

Embrace opportunities at all times

Protect your time – Don’t waste time

Learn to say “Let me think about it…” Then think.

Kramm Court Reporting is committed to finding balance and supporting our clients and the reporters we work with in finding their work life balance.

 

@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)

 

Kramm accepts Aurelio Altruism Award at NCRA annual convention

Rosalie Kramm Receives 2017 Santo J. Aurelio Award for Altruism

The National Court Reporters Foundation recognized long-time NCRA member Rosalie Kramm, RPR, CRR, San Diego, Calif., with the 2017 Santo J. Aurelio Award for Altruism. The award was presented to Kramm during the Awards Luncheon on Aug. 12 at the 2017 NCRA Convention & Expo, held in Las Vegas, Nev.

The Santo J. Aurelio Award is given to a working court reporter with more than 25 years of experience who has given back to the profession and to the court reporting community with no expectation of any reward.  “Having the respect of my peers and colleagues means so much to me.  I love my profession,” Kramm stated.

Kramm began her career as a court reporter in 1981 working for Robinson & Vint Court Reporters. In 1985, she opened Kramm Court Reporting. According to comments submitted by those who nominated her, Kramm is regarded in the profession for her professionalism, willingness to help, and love of promoting the profession.

Press Release – NCRA