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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.

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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.

 

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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

 

Deposition Arbitration Room

TIPS FOR TELEPHONIC DEPOSITIONS FOR ATTORNEYS & COURT REPORTERS

Everyone is looking for opportunities to save costs these days in litigation. Many attorneys are choosing to take depositions telephonically so as to not incur travel costs and to save travel time.  Here are some ideas on how to make the telephonic deposition go smoothly.

  1. Have the court reporter with the witness. The reporter is able to swear in the witness and hear every word. As everyone knows, with teleconferences, if two people speak at the same time or there is any type of line interference, it is hard to hear or understand. Having the reporter with the witness ensures a better record.
  2. Advice to court reporters (especially if there are multiple people on the line): Rather than writing down each person’s information, including address and phone number(s), just get the attorney’s full name and website. It is much easier to look up the attorneys and create your appearance page(s) from a website than from scribbling down information over a phone.
  3. Court reporters, speak up if you are not understanding something, can’t hear, or don’t know who is speaking. Before the deposition starts, make a statement, for example, “Please identify yourself before you speak. There are multiple voices, and it is difficult to differentiate between them.” If someone starts speaking, and you are not sure who it is, you may interrupt with, “Excuse me. Who is speaking?” After a while, people will get the hang of it.
  4. Attorneys, if your court reporter interrupts, as discussed above, please be patient and understanding. They are not, in any way, trying to disrupt you. They are only trying to do produce the best record they can of the deposition.
  5. Court reporters, if possible, get a service list before the deposition begins and start inputting your appearance page or get a copy and check off names. You will need to know who the different participants represent. Once again, it is often difficult to get that kind of information with spellings over the phone.
  6. Court reporters, if the firm you are working with agrees and/or if you don’t mind giving out your personal email, give the participants your email address and ask the participants to email you who they represent.
  7. Be confident, court reporter. Nobody enjoys doing a telephonic deposition (or at least most people don’t). If you are polite, organized, and ready for action, your day may turn out to be one of the best ever!

In another related article, we discuss What Attorneys Need to Know When Using a Realtime Court Reporter.

 

@rosaliekramm  (Twitter)

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Avoid Cyber Attacks

Law Firms Beware – Ransomware: 9 Tips to Avoid Cyber Attack

Upon listening to a panel of cybersecurity experts, I came to the conclusion that law firms and court reporting firms are vulnerable to the most prevalent cyber attack, ransomware.  Ransomware is defined as “a type of malicious software that is designed to block access to a computer system until a sum of money is paid.” Many times, the currency used to pay the ransom is Bitcoin.

Advice given by the experts includes these 9 tips to avoid a ransomware cyber attack:

1. Regularly update your Windows, Mac, Linus software especially when the update is security related.

2. Install antivirus software and keep it up-to-date to block emerging malware.

3. Be wary of suspicious emails and pop-ups.  What is suspicious?

  • Look at email address of the sender to see if it is coming from a legitimate email.
  • Look for obvious typos and grammatical errors in the body of the email.
  • Hover over hyperlinks and see if it would direct you to a suspicious web page.
  • Banks, doctors, the IRS will never ask you to send sensitive information like your SS number.

4. Often pop-ups windows that advertise software products that remove malware have ransomware in the pop-up ready to attack.  Don’t click through to learn more or download these products.

5. If you are a victim of ransomware, immediately disconnect your computer from the internet, and then report the crime to law enforcement.  Seek help from a technology professional who specializes in data recovery to see what your options might be.

6. Look into purchasing cybersecurity insurance.

7. If you are storing your data offsite with a third-party vendor (colo site), ask them if they have cybersecurity insurance.  (The answer should be yes.)  Ask your vendor to add your firm as an additional insured on the policy.

8. Educate your personnel on not opening suspicious emails or pop-ups, “But the dancing bunny was so cute… I clicked on it.”

9. Don’t allow personnel to check personal email from their workstation or have their smart phone, personal computer, or other devices connected to their workstation.

Along with following these above steps in our offices, Kramm Court Reporting has taken steps to protect sensitive data that we have online including having our Case 24/7 repository be SSA 16 compliant and having our backup locations encrypted over VPNs, and SSL certificates are used. If you are one of our clients, you can be assured that we have proactively done and continue to do everything we can to protect your information from these attacks.

In another related article, we discuss How Paralegals + Legal Assistants Can Benefit from Court Reporting Technology in the Cloud.

 

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Woman-Owned Business Enterprise Certification

Attorneys Marketing: California Woman-Owned Business Enterprise (WOBE)

Kramm & Associates, Inc., dba Kramm Court Reporting, has been recertified as a Woman-Owned Business Enterprise (WOBE). The purpose of the certification is to assist law firms and attorneys to win contracts by having their court reporting vendor (Kramm) have the SMBE certification.

In doing research in how to assist our clients with their marketing objectives, I came across the following article in Inc. Magazine:

Corporations, the federal government, and state agencies all want to do business with minority-owned companies. The Department of Transportation, for example, requires that recipients of its funding award a percentage of contracts to minority-owned businesses and many large companies have goals for buying from minority-owned suppliers.

“The reason for such mandates is twofold. First, contracting with minority-owned businesses is important to customers: ‘Corporate America understands that you cannot expect minorities to buy things when you haven’t done business with minorities,’ says Steven Sims, the vice president of the National Minority Supplier Development Council. Second, it’s responsible: ‘It’s important because we have an obligation in government to ensure that all firms in our state have an opportunity to participate in contracts that are paid for with tax dollars,’ says Luwanda Jenkins, the special secretary of minority affairs for Maryland.

“To meet their objectives, private and public sector firms search for minority-owned suppliers through programs that have formal certification processes. If you’re not certified, you can miss out on business ranging from a marketing opportunity to reduced-competition access to a public contract.” Sarah Kessler – Inc. Magazine

Please contact us today if you would like us to send you our WOBE certification for your next government RFP.

 

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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)

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Kramm Turrentine have Discovery Conference Centre to host depositions

Kramm Court Reporting merges with Donna V. Turrentine & Associates

KRAMM Court Reporting MERGES with PROMINENT north san diego county court reporting firm – DONNA V. TURRENTINE & ASSOCIATES

[Press Release] San Diego, CA – Kramm Court Reporting announces its merger with Donna V. Turrentine & Associates, a prominent North San Diego County court reporting firm with over 40 years of experience.

Founded in 1979 by Donna V. Turrentine, Donna V. Turrentine Court Reporters has provided quality court reporting services to clients throughout San Diego County with an emphasis of serving the Escondido, Vista, Oceanside, Carlsbad, and San Marcos region.

“I am proud that Donna chose Kramm Court Reporting to provide her clients with the same high quality, excellent service they are accustomed to,” says Rosalie Kramm, founder of Kramm Court Reporting.   “Throughout the last several decades I have heard attorneys rave about Donna and her firm, and now I am extremely proud to carry on what she started back in 1979, a first class, professional court reporting firm.”

“After nearly 40 years of court reporting (38 years as Donna V. Turrentine & Associates), I believe it is time to move into a more technologically advanced arena by merging with Kramm Court Reporting. Rosalie Kramm is a leader in providing state-of-the-art court reporting services, and she has a staff of highly qualified office personnel who help operate a friendly and professional business. I believe my clients will be better served by this merger, and together we will continue to serve our clients, old and new, as a larger, stronger entity.”

ABOUT KRAMM COURT REPORTING:

Kramm Court Reporting, est. 1985, is a full-service. Technology driven court reporting firm headquartered in San Diego, CA. By implementing the best industry practices over three decades, Kramm has evolved into an industry leader and is relentless in championing state-of-the-art technology with a specialty in realtime court reporting. “Unwavering” describes our customer service for clients nationwide. For more information about Kramm Court Reporting, please visit our website at www.kramm.com.

 

ABOUT DONNA V. TURRENTINE & ASSOCIATES – COURT REPORTERS

Founded in 1979, Donna V. Turrentine & Associates has been a steady presence in the court reporting industry throughout North San Diego County.

Court Reporter's Deposition Transcript

Court Reporter’s Transcript

Upon occasion our attorney clients are asked by opposing counsel to provide a copy of a transcript that our client had purchased from the court reporter. Our client doesn’t want to feel obligated to give the transcript to opposing counsel and will ask us to give them a legal cite that they can use to tell their opposing counsel to contact the court reporter for the Certified Copy.

The California Government Code provides as follows:

Government Code Section 69954

(d) Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.

 

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Arbitration conference room - Kramm Court Reporting

New California Law Certified Shorthand Reporters at Arbitrations – CCCP 1282.5

Governor Brown approved Senate Bill 1007 which gives a party to an arbitration the right to have a Certified Shorthand Reporter transcribe any deposition, proceeding, or hearing as the official record. The bill was authored by Senator Bob Wieckowski, who states, “People are often forced into binding private arbitration just by purchasing common goods or services, so it’s especially important for their protection that a court reporter is present to transcribe the proceedings and create an official record.” And as Larry Doyle, legislative representative of the Conference of California Bar Associations, opines, “In arbitrations, as in all legal proceedings, the existence of a reporter’s transcript can be absolutely essential to obtaining justice.”  Doyle goes on to say, “Without such a record, the reviewing court must assume that the arbitration award is correct, even if the record – if it existed – might clearly show error or misconduct.”

The bill sets forth the following:

  1. The bill would require a party requesting a Certified Shorthand Reporter to make his or her request in a demand, response, answer, or counterclaim related to the arbitration, or at a pre-hearing scheduling conference at which a deposition, proceeding or hearing is being calendared.
  2. The bill would also require the party requesting the transcript to incur the expense of the Certified Shorthand Reporter, except as specified in a consumer arbitration.
  3. The bill would authorize a party whose request has been refused by the arbitrator to petition the court for an order to compel the arbitrator to grant the party’s request to have a Certified Shorthand Reporter transcribe any deposition, proceeding, or hearing, and for an order to stay any deposition, proceeding, or hearing pending the court’s determination of the petition.

Now CCCP 1282.5 reads as follows:

1282.5. (a)(1) A party to an arbitration has the right to have a Certified Shorthand Reporter transcribe any deposition, proceeding or hearing.  The transcript shall be the official record of the deposition, proceeding, hearing.

(2) A party requesting a Certified Shorthand Reporter shall make his or her request in or at either of the following:

(A) A demand for arbitration, or a response, answer, or counterclaim to a demand for arbitration.

(B) A pre-hearing scheduling conference at which a deposition, proceeding, or hearing is being calendared.

(b) If an arbitration agreement does not provide for a Certified Shorthand Reporter, the party requesting the transcript shall incur the expense of the Certified Shorthand Reporter. However, in a consumer arbitration, a Certified Shorthand Reporter shall be provided upon request of an indigent consumer, as defined in Section 1284.3, at the expense of the nonconsumer party.

(c) If an arbitrator refuses to allow a party to have a Certified Shorthand Reporter transcribe any deposition, proceeding, or hearing pursuant to this section, the party may petition the court for an order to compel the arbitrator to grant the party’s request.  The petition may include a request for an order to stay any deposition, proceeding, or hearing related to the arbitration pending the court’s determination of the petition.

(d) This section does not add grounds for vacating an arbitration award pursuant to subdivision (a) of Section 1286.2 or for correcting an arbitration award pursuant to Section 1286.6.

Certified Shorthand Reporters are an invaluable part of the judicial process.

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Court Hearings and the Court Reporter

Best Practices for Attorneys re the Court Reporter at Hearings

In many county courthouses throughout California, Friday is law and motion day. Every hour a new calendar is called by the judge with approximately 10 matters.  Attorneys will hire a court reporter to report their hearing if they feel it is important to have a record of the proceedings for a later date.  Many attorneys have more than one matter to cover on any given Friday and will rush in, argue their motion, and then immediately leave.  In these situations, it is tough for the court reporter to get the appearances.  Even though the judge will have counsel state their appearances for the record, later it is incumbent upon the court reporter to track down the address, phone number, and email address of each attorney.  Using the California Bar Attorney Search is helpful, but sometimes attorneys say their names incredibly fast, mumble, or have a common name that is shared by many other attorneys in California.

As a court reporter who has reported hundreds of hearings, I thought it might be helpful to suggest best practices to ensure an accurate and quick transcript.

  1. Find time to hand the court reporter your card with information written on it including who you are representing.
  2. When you state your appearance, speak slowly and clearly.
  3. If you cite a case or points and authorities, be ready to email the documents to the court reporter.
  4. When reading a cite, read slowly and enunciate each word. Don’t feel as if you need to rush and skip over the small words.
  5. If you are appearing via CourtCall, state your name and law firm clearly, and spell your last name.
  6. Let the reporter know if you will need a transcript of the hearing. The court reporter will not assume you automatically want the transcript. Many attorneys don’t want the transcript until and unless there is an appeal.
  7. If you know you will want a transcript before the hearing, have whomever is calling the court reporting agency to let the reporter know beforehand a transcript is being requested to be immediately written up. The agency will not send a court reporter who has a backlog and might not be able to quickly get the transcript out.

Court reporters want to do a good job for you. The more information they have, the more efficient they can be in getting out a transcript.

 

@rosaliekramm

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