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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.

 

@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

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.

@rosaliekramm (Twitter)

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Court reporters, paralegals, legal assistants find time.

Legal Assistants & Paralegals: Turning a Word doc into a Fillable PDF

Paralegals, legal secretaries and others in administrative positions in the legal field deal with many different types of documents.

As a court reporter and owner of a court reporting firm, my staff and I certainly have to deal with our fair share of documents.

Filling out documents and forms sure can be time consuming!

Receiving a Word document that requires multiple blank lines to be filled in can be extremely time consuming.
It is a waste of time to have to print it out, handwrite in the information, scan the document, name it, save it somewhere, and then send it back to the sender.

Looking for a solution, I found the following steps that allows us to reformat a Word document to a fillable PDF and thought it might be helpful if I shared this with you. These steps involve using Microsoft Word and Adobe Acrobat.

1.  Open the Word document.
2.  Go to “FILE” and then choose “Save as Adobe PDF”. If you do not see this option, choose “PRINT.”  Make sure the printer selected is “ADOBE PDF.”  Click print.
3.  Word will ask you where to save the file.  Choose your desktop or where you want to find the file.
4.  Your computer will create a PDF file, and it will open automatically in Adobe Acrobat editing.
5.  At this point your document is a basic PDF.  Click on “TOOLS.”  Then click “FORMS.”  Then click “CREATE.”
6.  Acrobat will ask which document. Choose “Use an existing file.”  Click “NEXT.”
7.  On the next screen choose “Use the current document.”
8.  Acrobat will try to detect the fillable fields.  You might have to edit some of fields manually.
Acrobat might think decorative lines are to be fillable fields.
9.  If you see a form field that you don’t want to be fillable, click on it.  It will highlight in
blue.  Press the “DELETE” button on your keyboard.  You aren’t deleting the line on your form, just
the fillable field Acrobat set incorrectly.
10.  When you think your form is ready, click the “PREVIEW” button and proof that the fillables are correct.
11.  If you want to make additional edits, click on “Edit” (where “Preview” had been).  You will return to
the form editor.
12.  When you are satisfied with your form, use the “SAVE AS” feature and save the form wherever you wish.

Kramm Court Reporting salutes legal secretaries, legal administrators, and paralegals and we will be posting more articles in the future that we believe will be helpful to you.

@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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Tips for Attorneys about Realtime Reporting

9 Tips Attorneys/Realtime Reporting

Having access to the instantaneous transcript provided by a court reporter during a deposition, arbitration, or trial has great value to attorneys. Court reporters can provide the realtime transcript text to attorneys in the deposition suite or courtroom and stream that text to any computer in the world.

The realtime technology has changed in the past two decades. Court reporters used to send the feed via wires (and some still have to in certain courtrooms); then they transitioned to using dongles (USB) ports and routers.  The feed is still for the most part a serial connection which is old technology, but is still the standard.

In my experience 90 percent of the attorneys now rely on court reporters to bring a realtime device (tablet or computer) with the realtime software and drivers already loaded and ready to go.

So what does an attorney that is using realtime need to know?

  1. If you are using CaseNotebook (Thomson Reuters) or TextMap (Lexis Nexis), the court reporter will need to connect to your computer. Popular software that a reporter will use to connect with you: CaseViewNet, LiveLitigation, Stenocast, and Connection Magic.
  2. If the reporter is using LiveLitigation, the reporter can connect locally or stream the realtime text.
  3. If you are using LiveLitigation, CaseViewNet, or Bridge Mobile, you can download free apps to your tablet and  makes notes, marks, and save the transcript as a .ptx file.
  4. If you have installed Bridge on your computer (free software provided by Advantage Software), you can make notes, marks, and export the .ptx file for use in your transcript management software.
  5. The .ptx file once saved in CaseNotebook or TextMap can be updated with the cleaned-up rough draft or final transcript, and you won’t lose your marks and notes made during the realtime transcription.
  6. You can leave the room with your computer or tablet with the realtime transcript during a break, and when you return the transcript will sync back up with the court reporter’s realtime feed when back on the record.
  7. Tip: If you decide to scroll up or mark a portion of the transcript, the realtime feed will stop at the place you are reading/marking. There will always be an icon or a method to turn the scrolling realtime text back on. Ask the court reporter at the beginning of the day how to get back to the scrolling realtime text.
  8. If the reporter is using Stenocast to send the feed, you will need to download drivers into your computer. Go to www.stenocast.com and choose ALL COLORS. Different reporters will have different colored dongles (you don’t need to know why). If you choose all colors, you are covered.

Many realtime court reporters have become techno experts when it comes to serial ports, device managers, and understanding transcript management programs. Our goal is to provide the very best product and service in assisting attorneys in doing their job, and we take great pride in doing so.

 

@rosaliekramm  (Twitter)

Kramm Court Reporting (Facebook)

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)

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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.

Filing the deposition with court - CA CCP

California Attorneys – Who Files Original Deposition Transcript?

‘Recently I read a stipulation by Southern California attorneys that the court reporter was relieved of his duty to file the original deposition transcript with the court.   Filing the original deposition transcript with the court is not one of the court reporter’s duties.

CA CCP 2025.550 reads: “(a) The certified transcript of a deposition shall not be filed with the court.  Instead, the deposition officer shall securely seal that transcript in an envelope or package endorsed with the title of the action and marked “Deposition of (here insert name of deponent),” and shall promptly transmit it to the attorney who noticed the deposition.  This attorney shall store it under conditions that will protect it against loss, destruction, or tampering.”

Court reporters, Pengad has the perfect envelope with a clear window so that the caption and deponent’s name on the transcript cover page will show through. The Pengad envelope allows for a professional, easy method to seal the transcript and comply with 2025.550.

 

@rosaliekramm (Twitter)

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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

Kramm Court Reporting (Facebook)