court procedures and depo rules Flashcards
1
Q
court reporters function in preliminary proceedings
A
upon request of judge, magistrate, or justice of peace
2
Q
rules for written knowledge test
A
don’t allow dictionary
3
Q
during interrogatory, court reporter
A
places the witness under oath
4
Q
manner in which stenographer takes interrogatory
A
statutes and rules of the court
5
Q
RPR must be renewed
A
annually
6
Q
pretrial conference
A
may vary in format
7
Q
court reporter’s certification may be revoked because
A
incompetence, four misdemeanors, insubordination
8
Q
taking of a pretrial conference by reporter
A
within the discretion of judge
9
Q
RRP reporters are certified by
A
NCRA
10
Q
depo rules
A
vary among states
11
Q
time allowed for RPR and RDR
A
110 minutes
12
Q
under fed depo rules
A
subpoenas issued by clerk of court
13
Q
requirements to renew RPR certification are maintained by
A
earning CE points and NCRA membership
14
Q
when witness and counsel confer during depo, reporter
A
doesn’t note this in transcript
15
Q
if applicant doesn’t make specific portion of RPR exams
A
fee isn’t refundable
16
Q
affidavit
A
is ex parte proceeding
17
Q
applicant requesting permission to take RPR exam must
A
be a member of NCRA to receive discount
18
Q
notice of taking depo is sent to
A
court reporter
19
Q
RPR and RDR is
A
$185
20
Q
notice of filing of depo when it’s completed is example of
A
stipulation
21
Q
applicant for RMR exam must
A
be an RPR and NCRA member
22
Q
if deponent refuses to sign a depo
A
depo will be delivered to party taking depo
23
Q
applicant convicted of criminal offense involving moral turpitude
A
may be refused certification
24
Q
US District Court rules states all papers offered for filing
A
are typed on double-spaced, 8.5 inch by 11 inch white paper
25
time allowed for each leg of oral portion of RPR
75 minutes
26
if reporter is unable to read notes back
witness is recalled to testify again
27
qualified applicant may take RPR and RMR exam
unlimited number of times
28
if exhibit of document nature is read into record
reporter records and transcribes reading
29
during depo, reporter
doesn't take closing arguments
30
if witness makes gestures during testimony
reporter uses counsel's description of gestures for record
31
transcript fee is
in addition to appearance fee
32
if reporter has parenthetical notes to herself that aren't in trancript
she may be called to testify to explain
33
fees for official transcript must be paid
on receipt of the transcript
34
reporter's examples of parentheticals are
not crying, stammering, laughing
35
during written depo
attorneys may be present
36
interpreter may be used in courtroom if witness
is unable to speak loudly
37
oral depos
are method of pretrial discovery
38
interpreters may be
another witness, certified, examined by voir dire
39
interrogatores are
written replies that adversary party must answer
40
judicial notice
stands as proof
41
transcripts are typed
double-spaced, on unglazed white paper, in pica pitch
42
when judge instructs expunge from record
deleted section's erased from record
43
reporter must report backlog in writing to judge
at various times depending on court
44
if witness makes misstatement, ask statement be deleted and makes correct statement, record should
show misstatement, request for deletion and correct statement
45
charges and fees for prep of Statement of Facts are established by
the Court
46
event occurring in courtroom should be
recorded in transcript
47
inaccuracies in Statement of Facts may be corrected by
agreement with both parties
48
during trial, reporter notes names of witnesses as they appear, the numbers assigned to exhibits, and description of exhibits
on the transcript
49
index for each Statement of Facts must contain
direct examination, cross examination, redirect examination, and recross-examination of each witness
50
name of prospective jurors are listed on
venire
51
Index of Exhibits appears
in front of each volume
52
opening statement for plaintiff is to
outline what's to be proved
53
reporters store their notes
chronologically
54
docket lists
cases on court's calendar and lists of appearances
55
in citation format 25 NE 2d 34
NE is volume name
56
during trial, reporter may request info from
judge
57
strike that from record means reporter
types statement into record
58
title page of transcript is
not numbered
59
in citation format, case title should
be underlined
60
jury's sworn to
decide on facts
61
lines per transcript page is
25
62
presiding judge
decides which reporter works in particular court
63
when reporter has difficulty understanding witness, she should ask
witness to repeat what she said
64
when reporter leaves field of employement, her untranscribed notes should be
quickly transcribed by reporter when a request for them is made
65
in citation format 36 NW 5th 67
36 is volume number
66
when reporter marks x-ray exhibit, she should use
grease pencil
67
when atty says off record during trial, reporter should
seek permission from judge to go off record
68
when interpreter is present, he's
sworn in before witness
69
when two or more attys are making statements at same time, reporter should
ask attys to speak one at a time
70
during lengthy trial, reporter should keep separate info sheet listing marked exhibits and all
witnesses and technical terminology involved in case
71
in civil matter jury follows rule of
fair preponderance of evidence
72
pretrial depo's taken by means of
court order, agreement of parties, and notice of depo
73
closing arguments by attys are
summations
74
defendant in criminal case may plead
guilty, not guilty, nolo contendere
75
if deponent doesn't sign a depo, they
waive rights to review transcript
76
discovery's disclosure by adverse party of
facts, deeds, documents
77
when criminal case is appealed, two parties are derived from
Appelant and State
78
in fed court and others, exhibits during a court trial are in temporary custody of
clerk of court
79
Constitutional Amendment that forbids cruel and unusual punishment
Eighth Amendment
80
US Supreme Court was created by
Constitution
81
when judge stays case, they
suspend case
82
if person waives objections in a depo, they answer all questions but
waives receiving rulings on objections
83
reporter who reproduces copies of exhibits
may charge extra for exhibits
84
judge's response to an inquiry from jury is
placed in writing, read into record, marked as exhibit
85
possible source to use to research a street in a distant city is
Zip Code Directory
86
reporter would find Prayer for Relief
answer
87
Fifth Amendment of Constitution
prevents double jeopardy and self-discrimination
88
Invoke the Rule
witnesses must leave courtroom during testimony of other witnesses
89
usual stips mean depo may be used
under both state or federal laws governing US courts
90
if other people attend a depo in addition to attys and witnesses
their names are recorded
91
jury's shown
all exhibits admitted into evidence
92
in criminal trial, degree of certainty required for juror to find criminal defendant guilty
no reasonable doubt
93
Bill of Rights is
first ten amendments to Constitution
94
caption of case is listed on
writ
95
impeachment of witness
calls into question the veracity of witness
96
only the defense atty can order transcript from in camera conference
judge
97
higher court that wishes to review records of lower court would send writ of
review
98
Public Defender's office represents
indigent defendants
99
inaccuracies in a Written Depo must
state in writing the reason for any changes
100
District Court citations are found in
US Code
101
Writ of Execution is given
after entry of judgment
102
When a case is appealed, a transcript must be requested
in writing
103
depo is signed in presence of a
notary public
104
when an objection is overruled atty may say note my
exception
105
reporter records evidence in a trial
unless instructed not to by court
106
Grand Jury which decides there isn't enough evidence to proceed causes
No Bill
107
if there's a complaint about the cost of a transcript,
judge determines reasonable charge
108
if a Statment of Facts was found to be inaccurate, reporter would
correct it at her own expense
109
reporter takes down all following except
side bar conferences
110
if witness speaks during an off record discussion, reporter should
look to judge
111
US District judges are appointed
for life
112
a reporter
works at pleasure of presiding judge
113
interrogatories are also
depos
114
guarantee of fair trial is contained in the
Fourth Amendment
115
disclosure depos may also be called depos
in aid of execution
116
to call into questions veracity of a witness by means of evidence is
impeachment
117
amendment to constitution which contains Confrontation Clause is
Sixth Amendment
118
in fed citations, format of case title should be
underlined
119
women are guaranteed the right to vote by
19th Amendment
120
claim and delivery is action to
recover possession of personal chattels wrongfully withheld
121
Legislative Act which directs person be punished without court trial
Bill of Attainder
122
bond for Notary
is to insure faithful performance
123
if witness isn't sworn and testimony is given, reporter should
interrupt at first opportunity
124
when reading back to jury and witnesses, reporter should
read only QA testimony
125
interrogatories are used by attys as
discovery device
126
who pays the cost of interrogatories
atty who initiated direct interrogatories
127
de bene esse depo is
used at time of trial should person not be available
128
if depo is being taken by agreement
normal stips will apply
129
usual stips
the depo may be used for all purposes under statutes of the state
130
questions are certified when
witness will not answer question
131
title page of depo
isn't numbered
132
paragraphing of long qa should be every
four to five lines
133
colloquy of spoken matter should be
fifteen spaces from left margin
134
depo index pages are numbered
in lower Roman numerals
135
when witness arrives to sign original depo reporter instructs
no questions or remarks of counsel may be changed
136
if witness decides to change everything, reporter should
not argue with witness
137
depo exhibits are indexed to page where they are
marked for identification
138
case titles in citations are
underscored and underlined
139
US Supreme Court
has no appeals from decisions except to themself
140
US District Court
has original jurisdiction
141
ex-parte order is where judge
signs order without hearing both sides of case
142
default judgment is where
defendant chooses not to contest the action
143
pretrial conference is held to
decrease backlog of cases through settlements
144
Grand Jury's function is to
determine if there's enough evidence to charge a person with criminal offense
145
purpose of Prelim Examination is to
see if there's sufficient evidence to order person held for trial
146
in Prelim Examination
no jury is present
147
Coroner's Inquest is to
determine cause of death
148
Challenge to array is where
attys object to entire list of venire
149
Premptory Challenges are
limited and no reason is given
150
Challenges for Cause are
unlimited and reasons are given
151
hearing where a person accused of crime is brought before court to enter pleas to charges in counts of indictment is
arraignment
152
Motion in Limine is made
at outset of trial to suppress damaging evidence
153
Writ of Habeas Corpus inquires to reason for
detention of defendant
154
why are acknowledgments and verifications on legal intruments single spaced
to set them apart
155
criminal state court's normally limited to
misdemeanors, prelim hearings, inquiries in felony cases
156
civil state court's normally limited to
small amounts of money, up to 5k
157
Court's decision in non-jury case is
finding
158
in personal injury cases, plaintiff's atty expected to bring bills and proofs of damages
always
159
who calls witnesses in grand jury
foreman
160
who hires Justice Reporter
prosecutor's office
161
in Fed Court, who conducts jury voir dire
judge
162
in State District Court, who conducts jury voir dire
both attys
