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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.

 

@rosaliekramm  (Twitter)

Kramm Court Reporting (Facebook)

 

 

 

 

 

 

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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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

 

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)

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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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.

 

@rosaliekramm  (Twitter)

Kramm Court Reporting (Facebook)

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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Realtime court reporter writes to computer screen

What Attorneys Need to Know When Using a Realtime Court Reporter

When an attorney participates in a deposition with a realtime court reporter providing instantaneous translation of the testimony, there are best practices that an attorney can use to create a better record and get the most out of the realtime service.

Following are 7 tips for attorneys coming from a court reporter’s perspective:

  1. If you need to use your own laptop because you are utilizing Case Notebook, Case Map, or a different case management software, and it is the first time you are working with a particular reporter, it is important to arrange a meeting with the court reporter/court reporting firm so that drivers can be loaded (if necessary) into your laptop and any connectivity issues that might come up can be resolved. It is very difficult for a court reporter to troubleshoot problems onsite minutes before the deposition or hearing is to begin.
  1. If you don’t have realtime software on your laptop, request the court  reporter to bring an extra iPad or device with realtime software installed and ready to go – “plug and play”
  1. As an alternative to Tip #2, you can install free software into your computer. Go online and download Bridge software.
  1. Don’t worry if you see steno show up in the transcript or if the reporter writes “tier” instead of “tear.”  Court reporters write things out phonetically, and even though realtime court reporters have trained themselves to write for your eyes and write without conflicts (their, there, they’re), when writing on the fly, there may be a proper name that comes up that the reporter doesn’t have in his/her dictionary, and the word won’t translate, or the court reporter may make a misstroke.   The court reporter can read the steno.  The final transcript will have the correct name/word.
  1. If you do believe the court reporter misheard a word or number, because something comes up incorrectly on your realtime screen, and the witness was not clear, it would be fine to ask the witness to clarify, “Did you say internet or intranet?”  The court reporter will appreciate the clarification.
  1. After the deposition is over, it is a common practice that the realtime court reporter will send or have sent a “cleaned-up” rough draft to you as a part of the realtime service so you can import the cleaner version into your realtime software and maintain your marks and notes.
  1. Understand that not all court reporters provide realtime.  When you wish to take a deposition and have realtime services provided, you must inform the court reporting agency that you would like a realtime court reporter.  Many realtime court reporters have special certifications that indicate a proficiency in realtime court reporting.  CRR and CCRR are two of the certifications that a court reporter can attain.  Becoming a CRR or CCRR requires a timed speed test with an incredibly high translation rate (perfect writing).

Realtime depositions are essential when streaming the transcript text to remote locations.  Using realtime at a deposition also allows attorneys to mark testimony, make notes, see the exact question and answer that might later be used as a clip at trial to be presented to the trier of fact.   Realtime is a powerful tool for litigators.

If you have any questions about realtime court reporting, give us a call at 800.939.0080.

 

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