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legal words > court procedures and depo rules > Flashcards

court procedures and depo rules Flashcards

1
Q

court reporters function in preliminary proceedings

A

upon request of judge, magistrate, or justice of peace

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2
Q

rules for written knowledge test

A

don’t allow dictionary

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3
Q

during interrogatory, court reporter

A

places the witness under oath

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4
Q

manner in which stenographer takes interrogatory

A

statutes and rules of the court

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5
Q

RPR must be renewed

A

annually

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6
Q

pretrial conference

A

may vary in format

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7
Q

court reporter’s certification may be revoked because

A

incompetence, four misdemeanors, insubordination

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8
Q

taking of a pretrial conference by reporter

A

within the discretion of judge

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9
Q

RRP reporters are certified by

A

NCRA

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10
Q

depo rules

A

vary among states

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11
Q

time allowed for RPR and RDR

A

110 minutes

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12
Q

under fed depo rules

A

subpoenas issued by clerk of court

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13
Q

requirements to renew RPR certification are maintained by

A

earning CE points and NCRA membership

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14
Q

when witness and counsel confer during depo, reporter

A

doesn’t note this in transcript

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15
Q

if applicant doesn’t make specific portion of RPR exams

A

fee isn’t refundable

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16
Q

affidavit

A

is ex parte proceeding

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17
Q

applicant requesting permission to take RPR exam must

A

be a member of NCRA to receive discount

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18
Q

notice of taking depo is sent to

A

court reporter

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19
Q

RPR and RDR is

A

$185

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20
Q

notice of filing of depo when it’s completed is example of

A

stipulation

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21
Q

applicant for RMR exam must

A

be an RPR and NCRA member

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22
Q

if deponent refuses to sign a depo

A

depo will be delivered to party taking depo

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23
Q

applicant convicted of criminal offense involving moral turpitude

A

may be refused certification

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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

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25
Q

time allowed for each leg of oral portion of RPR

A

75 minutes

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26
Q

if reporter is unable to read notes back

A

witness is recalled to testify again

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27
Q

qualified applicant may take RPR and RMR exam

A

unlimited number of times

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28
Q

if exhibit of document nature is read into record

A

reporter records and transcribes reading

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29
Q

during depo, reporter

A

doesn’t take closing arguments

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30
Q

if witness makes gestures during testimony

A

reporter uses counsel’s description of gestures for record

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31
Q

transcript fee is

A

in addition to appearance fee

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32
Q

if reporter has parenthetical notes to herself that aren’t in trancript

A

she may be called to testify to explain

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33
Q

fees for official transcript must be paid

A

on receipt of the transcript

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34
Q

reporter’s examples of parentheticals are

A

not crying, stammering, laughing

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35
Q

during written depo

A

attorneys may be present

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36
Q

interpreter may be used in courtroom if witness

A

is unable to speak loudly

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37
Q

oral depos

A

are method of pretrial discovery

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38
Q

interpreters may be

A

another witness, certified, examined by voir dire

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39
Q

interrogatores are

A

written replies that adversary party must answer

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40
Q

judicial notice

A

stands as proof

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41
Q

transcripts are typed

A

double-spaced, on unglazed white paper, in pica pitch

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42
Q

when judge instructs expunge from record

A

deleted section’s erased from record

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43
Q

reporter must report backlog in writing to judge

A

at various times depending on court

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44
Q

if witness makes misstatement, ask statement be deleted and makes correct statement, record should

A

show misstatement, request for deletion and correct statement

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45
Q

charges and fees for prep of Statement of Facts are established by

A

the Court

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46
Q

event occurring in courtroom should be

A

recorded in transcript

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47
Q

inaccuracies in Statement of Facts may be corrected by

A

agreement with both parties

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48
Q

during trial, reporter notes names of witnesses as they appear, the numbers assigned to exhibits, and description of exhibits

A

on the transcript

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49
Q

index for each Statement of Facts must contain

A

direct examination, cross examination, redirect examination, and recross-examination of each witness

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50
Q

name of prospective jurors are listed on

A

venire

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51
Q

Index of Exhibits appears

A

in front of each volume

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52
Q

opening statement for plaintiff is to

A

outline what’s to be proved

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53
Q

reporters store their notes

A

chronologically

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54
Q

docket lists

A

cases on court’s calendar and lists of appearances

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55
Q

in citation format 25 NE 2d 34

A

NE is volume name

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56
Q

during trial, reporter may request info from

A

judge

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57
Q

strike that from record means reporter

A

types statement into record

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58
Q

title page of transcript is

A

not numbered

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59
Q

in citation format, case title should

A

be underlined

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60
Q

jury’s sworn to

A

decide on facts

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61
Q

lines per transcript page is

A

25

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62
Q

presiding judge

A

decides which reporter works in particular court

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63
Q

when reporter has difficulty understanding witness, she should ask

A

witness to repeat what she said

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64
Q

when reporter leaves field of employement, her untranscribed notes should be

A

quickly transcribed by reporter when a request for them is made

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65
Q

in citation format 36 NW 5th 67

A

36 is volume number

66
Q

when reporter marks x-ray exhibit, she should use

A

grease pencil

67
Q

when atty says off record during trial, reporter should

A

seek permission from judge to go off record

68
Q

when interpreter is present, he’s

A

sworn in before witness

69
Q

when two or more attys are making statements at same time, reporter should

A

ask attys to speak one at a time

70
Q

during lengthy trial, reporter should keep separate info sheet listing marked exhibits and all

A

witnesses and technical terminology involved in case

71
Q

in civil matter jury follows rule of

A

fair preponderance of evidence

72
Q

pretrial depo’s taken by means of

A

court order, agreement of parties, and notice of depo

73
Q

closing arguments by attys are

A

summations

74
Q

defendant in criminal case may plead

A

guilty, not guilty, nolo contendere

75
Q

if deponent doesn’t sign a depo, they

A

waive rights to review transcript

76
Q

discovery’s disclosure by adverse party of

A

facts, deeds, documents

77
Q

when criminal case is appealed, two parties are derived from

A

Appelant and State

78
Q

in fed court and others, exhibits during a court trial are in temporary custody of

A

clerk of court

79
Q

Constitutional Amendment that forbids cruel and unusual punishment

A

Eighth Amendment

80
Q

US Supreme Court was created by

A

Constitution

81
Q

when judge stays case, they

A

suspend case

82
Q

if person waives objections in a depo, they answer all questions but

A

waives receiving rulings on objections

83
Q

reporter who reproduces copies of exhibits

A

may charge extra for exhibits

84
Q

judge’s response to an inquiry from jury is

A

placed in writing, read into record, marked as exhibit

85
Q

possible source to use to research a street in a distant city is

A

Zip Code Directory

86
Q

reporter would find Prayer for Relief

A

answer

87
Q

Fifth Amendment of Constitution

A

prevents double jeopardy and self-discrimination

88
Q

Invoke the Rule

A

witnesses must leave courtroom during testimony of other witnesses

89
Q

usual stips mean depo may be used

A

under both state or federal laws governing US courts

90
Q

if other people attend a depo in addition to attys and witnesses

A

their names are recorded

91
Q

jury’s shown

A

all exhibits admitted into evidence

92
Q

in criminal trial, degree of certainty required for juror to find criminal defendant guilty

A

no reasonable doubt

93
Q

Bill of Rights is

A

first ten amendments to Constitution

94
Q

caption of case is listed on

A

writ

95
Q

impeachment of witness

A

calls into question the veracity of witness

96
Q

only the defense atty can order transcript from in camera conference

A

judge

97
Q

higher court that wishes to review records of lower court would send writ of

A

review

98
Q

Public Defender’s office represents

A

indigent defendants

99
Q

inaccuracies in a Written Depo must

A

state in writing the reason for any changes

100
Q

District Court citations are found in

A

US Code

101
Q

Writ of Execution is given

A

after entry of judgment

102
Q

When a case is appealed, a transcript must be requested

A

in writing

103
Q

depo is signed in presence of a

A

notary public

104
Q

when an objection is overruled atty may say note my

A

exception

105
Q

reporter records evidence in a trial

A

unless instructed not to by court

106
Q

Grand Jury which decides there isn’t enough evidence to proceed causes

A

No Bill

107
Q

if there’s a complaint about the cost of a transcript,

A

judge determines reasonable charge

108
Q

if a Statment of Facts was found to be inaccurate, reporter would

A

correct it at her own expense

109
Q

reporter takes down all following except

A

side bar conferences

110
Q

if witness speaks during an off record discussion, reporter should

A

look to judge

111
Q

US District judges are appointed

A

for life

112
Q

a reporter

A

works at pleasure of presiding judge

113
Q

interrogatories are also

A

depos

114
Q

guarantee of fair trial is contained in the

A

Fourth Amendment

115
Q

disclosure depos may also be called depos

A

in aid of execution

116
Q

to call into questions veracity of a witness by means of evidence is

A

impeachment

117
Q

amendment to constitution which contains Confrontation Clause is

A

Sixth Amendment

118
Q

in fed citations, format of case title should be

A

underlined

119
Q

women are guaranteed the right to vote by

A

19th Amendment

120
Q

claim and delivery is action to

A

recover possession of personal chattels wrongfully withheld

121
Q

Legislative Act which directs person be punished without court trial

A

Bill of Attainder

122
Q

bond for Notary

A

is to insure faithful performance

123
Q

if witness isn’t sworn and testimony is given, reporter should

A

interrupt at first opportunity

124
Q

when reading back to jury and witnesses, reporter should

A

read only QA testimony

125
Q

interrogatories are used by attys as

A

discovery device

126
Q

who pays the cost of interrogatories

A

atty who initiated direct interrogatories

127
Q

de bene esse depo is

A

used at time of trial should person not be available

128
Q

if depo is being taken by agreement

A

normal stips will apply

129
Q

usual stips

A

the depo may be used for all purposes under statutes of the state

130
Q

questions are certified when

A

witness will not answer question

131
Q

title page of depo

A

isn’t numbered

132
Q

paragraphing of long qa should be every

A

four to five lines

133
Q

colloquy of spoken matter should be

A

fifteen spaces from left margin

134
Q

depo index pages are numbered

A

in lower Roman numerals

135
Q

when witness arrives to sign original depo reporter instructs

A

no questions or remarks of counsel may be changed

136
Q

if witness decides to change everything, reporter should

A

not argue with witness

137
Q

depo exhibits are indexed to page where they are

A

marked for identification

138
Q

case titles in citations are

A

underscored and underlined

139
Q

US Supreme Court

A

has no appeals from decisions except to themself

140
Q

US District Court

A

has original jurisdiction

141
Q

ex-parte order is where judge

A

signs order without hearing both sides of case

142
Q

default judgment is where

A

defendant chooses not to contest the action

143
Q

pretrial conference is held to

A

decrease backlog of cases through settlements

144
Q

Grand Jury’s function is to

A

determine if there’s enough evidence to charge a person with criminal offense

145
Q

purpose of Prelim Examination is to

A

see if there’s sufficient evidence to order person held for trial

146
Q

in Prelim Examination

A

no jury is present

147
Q

Coroner’s Inquest is to

A

determine cause of death

148
Q

Challenge to array is where

A

attys object to entire list of venire

149
Q

Premptory Challenges are

A

limited and no reason is given

150
Q

Challenges for Cause are

A

unlimited and reasons are given

151
Q

hearing where a person accused of crime is brought before court to enter pleas to charges in counts of indictment is

A

arraignment

152
Q

Motion in Limine is made

A

at outset of trial to suppress damaging evidence

153
Q

Writ of Habeas Corpus inquires to reason for

A

detention of defendant

154
Q

why are acknowledgments and verifications on legal intruments single spaced

A

to set them apart

155
Q

criminal state court’s normally limited to

A

misdemeanors, prelim hearings, inquiries in felony cases

156
Q

civil state court’s normally limited to

A

small amounts of money, up to 5k

157
Q

Court’s decision in non-jury case is

A

finding

158
Q

in personal injury cases, plaintiff’s atty expected to bring bills and proofs of damages

A

always

159
Q

who calls witnesses in grand jury

A

foreman

160
Q

who hires Justice Reporter

A

prosecutor’s office

161
Q

in Fed Court, who conducts jury voir dire

A

judge

162
Q

in State District Court, who conducts jury voir dire

A

both attys

legal words (5 decks)

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