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Filing the deposition with court - CA CCP

CFR United States Department of Labor OSHA Deposition Guidelines

Reading through the Code of Federal Regulations, OSHA guidelines regarding depositions, there are many differences from Federal Rule of Civil Procedure 30 when it comes to the court reporter and videographer. The provisions are set out as follows:

2200.56(a) General. Deposition of parties, intervenors, or witnesses shall be allowed only by agreement of all parties, or on order of the Commission or Judge following the filing of a motion of a party stating good and just reasons.  All depositions shall be before an officer authorized to administer oaths and affirmations at the place of examination.  The deposition shall be taken in accordance with the Federal Rules of Civil Procedure, particularly Federal Rule of Civil Procedure 30.

2200.56(b) When to file. A motion to take a deposition may be filed after the filing of the first responsive pleading or motion that delays the filing of an answer, such as a motion to strike.

2200.56(c) Notice of taking. Any depositions allowed by the Commission or Judge may be taken 10 days written notice to the other party or parties.  The 10-day notice requirement may be waived by the parties.

2200.56(d) Expenses. Expenses for a court reporter and the preparing and serving of depositions shall be borne by the party at whose instance the deposition is taken.

2200.56(e) Use of depositions. Depositions taken under this rule may be used for discovery, to contradict or impeach the testimony of a deponent as a witness, or for any other purpose permitted by the Federal Rules of Evidence and the Federal Rules of Civil Procedure, particularly Federal Rule of Civil Procedure 32.

2200.56(f) Excerpts from depositions to be offered at hearing. Except when used for purposes of impeachment, at least 5 working days prior to the hearing, the parties or counsel shall furnish to the Judge and all opposing counsel the excerpts from depositions (by page and line number) which they expect to introduce at the hearing.  Four working days thereafter, the adverse party or counsel for the adverse party shall furnish to the Judge and all opposing parties or counsel additional excerpts from the depositions (by page and line number) which they expect to be read pursuant to Federal Rule of Civil Procedure 32(a)(4), as well as any objections (by page and line number) to opposing party’s or counsel’s depositions.  With reasonable notice to the Judge and all parties or counsel, other excerpts may be read.

2200.56(g)(1) Telephone depositions may be conducted pursuant to Federal Rule of Civil Procedure 30(b)(4)

2200.56(g)(2) If a party objects to a telephone deposition, he shall make known his objections at least 5 days prior to the taking of the deposition. If the objection is not resolved by the parties or the Judge before the scheduled deposition date, the deposition shall be stayed pending resolution of the dispute.

2200.56(h) Video depositions. By indicating in its notice of a deposition that it wishes to record the deposition by videotape (and identifying the proposed videotape operator), a party shall be deemed to have moved for such an order under Federal Rule of Civil Procedure 30(b)(3).  Unless an objection is filed and served within 10 days after such notice is received, the Judge shall be deemed to have granted the motion pursuant to the following terms and conditions:

Stenographic recording. The videotaped deposition shall be simultaneously recorded stenographically by a qualified court reporter.  The court reporter shall administer the oath or affirmation to the deponents on camera.  The written transcript by the court reporter shall constitute the official record of the deposition for purposes of Federal Rule of Civil Procedure 30(e)(submission to witness).

2200.56(h)(2) Cost.  The noticing party shall bear the expense of both the videotaping and the stenographic recording.  Any party may at its own expense obtain a copy of the videotape and the stenographic transcript.

2200.56(h)(3) Video operator. The operator(s) of the videotape recording equipment shall be subject to the provisions of Federal Rule of Civil Procedure 28(c). At the commencement of the deposition the operator(s) shall swear or affirm to record the proceedings fairly and accurately.

2200.56(h)(4) Attendance. Each witness, attorney, and other person attending the deposition shall be identified on camera at the commencement of the deposition.  Thereafter, only the deponent (and demonstrative materials used during the deposition) will be videotaped.  Identification on camera of each witness, attorney, and other person attending the deposition may be waived by the attorney for the parties.

2200.56(h)(5) Standards. The deposition shall be conducted in a manner to replicate, to the extent feasible, the presentation of evidence at a hearing.  Unless physically incapacitated, the deponent shall be seated at a table or in a witness box except when reviewing or presenting demonstrative materials for which a change in position is needed.  To the extent practicable, the deposition shall be conducted in a neutral setting, against a solid background, with only such lighting as is required for accurate video recording.  Lighting, camera angle, lens setting, and field of view will be changed only as necessary to record accurately the natural body movements of the deponent or to portray exhibits and materials used during the deposition.  Sound levels will be altered only as necessary to record satisfactorily the voices of counsel and the deponent. Eating and smoking by deponents or counsel during the deposition will not be permitted.

2200.56(h)(6) Interruptions. Videotape recording will be suspended during all “off the record” discussions.

A couple of the more interesting provisions require the videographer to be sworn in to video fairly and accurately, and no eating or smoking is permissible at the deposition.

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.  Here is a link to more information about Federal Rules of Civil Procedure 30(e) regarding reading/signing depositions.

 

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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.

 

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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

 

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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.

________________________________________________________________________________

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.

 

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Deposition Arbitration Room

How Paralegals + Legal Assistants Can Benefit from Court Reporting Technology in the Cloud

Having worked with many law firms throughout my career in the court reporting industry, I have found that leveraging technology is a powerful way to save a tremendous amount of time and create efficiencies. Using a cloud-based, cyber secure calendaring system and repository allows 24/7/365 access to vital, time sensitive information and documents.

The following services are ways paralegals, legal assistants, and attorneys can utilize cloud-based technology:

1.  Online repository that houses transcripts and exhibits/notices/correspondence for all of your law firm’s cases. For security purposes, check to ensure the repository is SSA 16 compliant as well as the backup locations offsite are encrypted over VPNs and SSL certificates are used.

2.  Mobile app that gives the same access to the transcripts/exhibits/correspondence with the same cyber secure benefits mentioned in Item 1.

3.  Online calendar that shows all of your calendared hearings, depositions, and trials. You do not have to worry whether or not a matter is on the court reporting company’s calendar or if the time/location are correct. Just go online and check.

4.  The calendar would also be available on a mobile app and includes Mapquest directions.

5.  Invoices and Statements: You can check and see if an invoice was paid by logging in or checking the mobile app.

For more information or to learn about our cloud-based technology (Case 24/7), please call us at 800.939.0080.  We would love to work with you.

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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.

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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.

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