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Arbitration conference room - Kramm Court Reporting

11 TASKS THAT PARALEGALS CAN DELEGATE TO COURT REPORTING FIRM

Paralegals oftentimes are the engine that keeps a law firm running.  They are incredibly efficient with time, resources, and know how to delegate
important tasks that need to be done correctly in an expedited manner.  Kramm Court Reporting looks for opportunities to support our paralegal clients.

Below are 11 of the most common tasks that paralegals can rely on a court reporting firm to complete:

1. Find and reserve a conference room anywhere worldwide

2. Set up interpreters

3. Recommend process servers in the area to process deposition subpoenas

4. Provide a common calendar for parties including location, witness name, time, noticing party

5. Organize exhibits and pre-assign exhibit numbers for cases with multi-track depositions

6. Arrange for videographers and the syncing of transcripts

7. Provide suggested language for notices to include video and real-time transcription

8. Archive errata sheets of witnesses’ changes and signature

9. Set up mobile videoconference (MVC) depositions/trial testimony worldwide

10. Set up teleconference depositions with access numbers supplied to all parties

11. Coordinate standing orders of rough drafts, real-time with iPads, synced transcripts, et cetera

It is a pleasure to support our clients and help paralegals coordinate deposition services.  If you would like to learn more about setting up
a mobile videoconference or best practices for teleconference depositions, please read our articles found below or contact me, Rosalie@kramm.com.

Tricks and Tips for Telephonic Depositions

Five Tips for Successful International Mobile Videoconference Depositions

How Paralegals and Legal Secretaries Can Benefit From Having Exhibits in the Cloud

Tips for Videoconferencing Depositions and Trial Testimony

Sample Notice Language for Video and Real-Time 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)

 

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)

Kramm Court Reporting (Facebook)

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.

 

@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)

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CA Rules of Court 8.130

California Rules of Court – 2017 Reporter’s transcript

Reading through the 2017 California Rules of Court regarding court reporter’s transcripts, there are some provisions that are particularly interesting relating to timeliness, the cost of transcripts, and the appellant’s ability to deposit a certified transcript.

APPEAL TRANSCRIPT COST:

8.130(b)(1)(A) The amount specified in the reporter’s written estimate; or (B) An amount calculated as follows:

(i) For proceedings that have NOT been previously been transcribed: $325 per fraction of the day’s proceedings that did not exceed three hours; or $650 per day or fraction that exceeded three hours.

(ii) For proceedings that have previously been transcribed: $80 per fraction of the day’s proceedings that did not exceed three hours, or $160 per day or fraction that exceeded three hours.

(3) Instead of a deposit under (1), the party may substitute:

(A) The reporter’s written waiver of a deposit.  A reporter may waive the deposit for a part of the designated proceedings, but such a waiver replaces the deposit for only that part.

(B) A copy of the Transcript Reimbursement Fund application filed under (c)(1)

(C) A certified transcript of all the proceedings designated by the party.  The transcript must comply with the format requirements of rule 8.144.

 

APPEAL TRANSCRIPT TIMELINESS:

Rule 8.130(d): Superior court clerk’s duties

  1. The clerk must file a party’s notice of designation even if the party does not present the required deposit under (b)(1) or a substitute under (b)(3) with its notice of designation.
  2. The clerk must promptly send the reporter notice of the designation and of the deposit or substitute and notice to prepare the transcript, showing the date the notice was sent to the reporter, when the court receives:
  1. The required deposit under (b)(1);
  2. A reporter’s written waiver of a deposit under (b)(3); or
  3. A copy of the Court Reporters Board’s provisional approval of the party’s application for payment under the Transcript Reimbursement Fund under (c).

Rule 8.130(f): Filing the transcript; copies; payment

  1. Within 30 days after notice is sent under (d)(2), the reporter must prepare and certify an original of the transcript and file it in superior court. The reporter must also file one copy of the original transcript, or more than one copy if multiple appellants equally share the cost of preparing the record (see rule 8.147(a)(2)). Only the reviewing court can extend the time to prepare the reporter’s transcript (see rule 8.60).
  2. When the transcript is completed, the reporter must notify all parties to the appeal that the transcript is complete, bill each designating party at the statutory rate, and send a copy of the bill to the superior court clerk. The clerk must pay the reporter from that party’s deposited funds and refund any excess deposit or notify the party of any additional funds needed. In a multiple reporter case, the clerk must pay each reporter who certifies under penalty of perjury that his or her transcript portion is completed.
  3. If the appeal is abandoned or is dismissed before the reporter has filed the transcript, the reporter must inform the superior court clerk of the cost of the portion of the transcript that the reporter has completed. The clerk must pay that amount to the reporter from the appellant’s deposited funds and refund any excess deposit.
  4. On request, and unless the superior court orders otherwise, the reporter must provide the Court of Appeal or any party with a copy of the reporter’s transcript in computer-readable format. Each computer-readable copy must comply with the requirements of rule 8.144(a)(4).

Filing court transcripts for the Court of Appeal is complicated. My staff have found that many attorneys are not sure when the court reporter is to begin finalizing the appeal transcript.  Receiving formal notice of designations under (d)(2) from the superior court clerk triggers the start time in which the court reporter can produce the appeal transcript.  Our company has had frequent requests from attorneys asking us to begin an appeal transcript before the provisions in (d)(2) occurs.  The transcript is finalized, but the court reporter’s hands are tied without receiving the new appeal case number and how many designations/volumes are formally ordered.

Court reporters that provide court reporting services in the California superior courts (hearings and/or trials) study Rule 8.130 – California Rules of Court.

@rosaliekramm (Twitter)

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Legal videographer's setup at a deposition

Court Reporters and Legal Videographers = Team

As many of you might know, I am married to a legal videographer, Chris Jordan. Naturally, we met at a deposition, and it was a doozy of a depo.  The deposition took place at the witness’ home.  His two angry Rottweilers greeted us at the door.  The attorneys ordered Domino’s Pizza for lunch, and the witness had a couple of Budweisers.  I thought Chris Jordan was handsome, and therefore I practiced the principle of “act as if,” and acted as if he liked me.

That deposition took place on August 2nd, 1994. Every year I send a thank you note to the attorney who noticed the deposition, and Chris and I celebrate.

What I learned from Chris Jordan is that great videographers genuinely want the court reporters they work with to succeed, have less stress, and produce a great transcript.

What are some of the things videographers do for court reporters?

  1. Provide a live feed of the monitored, clear audio to the reporter’s laptop
  2. Provide a feed from their audio to the court reporter’s headset (and even provide headsets)
  3. Provide a wav file after the deposition for the reporter
  4. If the reporter has a computer issue, take extra time to set up microphones or “do whatever” to give the court reporter more time to troubleshoot whatever the issue might be.
  5. Help to set up iPads around the table and watch to see if the real-time test strokes come up
  6. At breaks offer to get the court reporter coffee, water…
  7. At lunch, offer to grab something for the court reporter
  8. Be empathetic about the level of difficulty, speed, or demeanor of the people at the deposition
  9. When a court reporter starts lifting their shoulders and fidgeting, silently mouth out or signal to the court reporter the time until the next disk change
  10. When necessary, make a disk change before the disk has run out of time

The thing is, many people might say it is the videographer’s job to provide good audio to the court reporter.  But because I work with Chris Jordan and his team of videographers all over the country, I have the privilege of listening to their conversations around the office or maybe while having a beer.  They talk about depositions and court reporters and how much they like the reporters, respect the reporters, can’t believe what court reporters are able to do, and brainstorm new ideas about how to help reporters with different kinds of wav files, compressing files, new software…

I believe legal videographers “go to war” with court reporters, and they get it. I am grateful for their professionalism and kindness and am glad they are on my team.

 

@rosaliekramm (Twitter)

Kramm Court Reporting (Facebook)

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

Kramm Court Reporting (Facebook)