Glossary Flashcards
AFFIDAVIT
A written declaration that is signed before a notary public so they may notarize the signature of the person making the written declaration. The notary is just notarizing the signature of the person who physically signed the document, which is why the notary must check an I.D., unless that person is personally known to them. Used in a Sentence: The notary needs to be present during the signing of an affidavit so they can notarize the signature(s).
AID OF EXECUTION
The plaintiff at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or a garnishee, upon oral examination or written interrogatories. Used in a Sentence: The reporter covered a deposition in aid of execution where the plaintiff attorney asked the witness to go over all of their financial information, including assets.
ALSO PRESENT
Anyone present that is not a witness or an attorney that is a party to the case. Also present is used for proceedings outside of the courtroom. Used in a Sentence: The videographer, interpreter, and witness’s dad were in the deposition room and will be listed as Also Present on the appearances page.
ANNOTATION
Notes typed by the digital reporter while on the record. Used in a Sentence: The reporter included speaker designations, key words, proper nouns, and specific events in her annotations.
APPEARANCE FEE
A fee paid when the court reporter covers a scheduled deposition. Used in a Sentence: The reporter covered a deposition and will be paid an appearance fee for her time at that job.
APPEARANCES
The attorneys that are parties to the case and appear at a proceeding. Used in a Sentence: The appearances for this deposition were John Smith, Esquire, with Smith, P.A., and Joe Brown, Esquire, with Brown, P.A.
ARBITRATION
The process of bringing a dispute before a neutral third party for resolution. The third party is called an arbitrator, and they have the authority to make a binding decision, like a judge normally would. The arbitrator hears the evidence brought by both sides and makes a decision. Used in a Sentence: The arbitrator was able to settle the dispute during arbitration.
ASCII
(pronounced = askee) ASCII is a term in court reporting that is used to mean the .txt (aka Notepad) file type of the transcript (or certificate page) created by the reporter. Court reporting agencies use the .txt file to convert a transcript or certificate into a PDF file type.
BOOKMARK
Another term for timestamp. Used in a Sentence: The digital reporter made a new bookmark in her digital recording software when opposing counsel made an objection on the record.
BY LINE
States the name of the person doing the questioning (BY MR. JONES:) in legal transcripts. “BY lines” are typed before the initial question (Q), first, at the beginning of all examinations and, secondly, when returning to Q&A formatting (after colloquy or going off record).
C.V.
C.V. stands for curriculum vitae. It is typically in reference to a doctor’s resume.
CALENDAR
A calendar in the field of law is the schedule of upcoming appearances in court, or a schedule of legal proceedings. Attorneys keep a calendar of when and where certain activities are to take place. Court reporting agencies have a calendar department. This department handles the scheduling of court reporters, along with any changes to assignments; i.e., rescheduling/canceling. Used in a Sentence: The court calendar showed that the Honorable John Smith is going to be in Room 12-F at 2 p.m. The scheduling department confirmed all jobs on the calendar for the following day by 2 p.m.
CANCELATION FEE
If a job cancels within your office’s cancelation policy, there is usually a cancelation fee. For example, if you work for an agency that has a four-hour cancelation policy, this means you will be paid a cancelation fee if the client cancels within four hours of the scheduled start time of your job. Used in a Sentence: I received a cancelation fee because I was scheduled to cover a deposition at 11:00 a.m. and the scheduling attorney canceled at 9:30 a.m.
CHANNEL
A proceeding can be recorded with multiple channels of audio. The user can listen to all channels at the same time or isolate only the channels they want to hear. For example, if two people spoke at the same time, the transcriptionist can isolate each speaker’s channel of audio to hear one speaker at a time.
CLAIM NUMBER
When a claim is filed with an insurance company, a claim number is assigned. When covering an EUO, the claim number would essentially take the place of the case number.
CLAIMANT
A person who suffered a loss and is making a claim against an insurance company. Used in a Sentence: The claimant has incurred $50,000 worth of medical bills over the past year.
CO-COUNSEL
An attorney who shares the responsibility of representing a client with another attorney at a different law firm. Used in a Sentence: John Smith, Esquire, is co-counsel with Joe Brown, Esquire, on the Miller’s Plumbing case, which is why they are working as a team.
COLLOQUY
A conversation outside of Q and A. Speakers IDs are identified in all caps followed by a colon. Used in a Sentence: When opposing counsel objects during testimony, the court reporter switches to colloquy in the transcript until the Q and A resumes. Q. What did your sister tell you about the accident? MR. RHODES: Objection, hearsay.
CONDENSED/MINI TRANSCRIPT
A miniaturized copy of the full transcript. Each single sheet of paper contains four pages of transcript. Used in a Sentence: At the end of the deposition, the plaintiff’s attorney asked the digital reporter to order the transcript and specified they wanted the mini as well.
CONFIRMATION OF PROCEEDING
Confirm, for short. Typically, court reporting agencies will confirm each scheduled deposition (or job) with the setting law firm the day before the deposition is scheduled to occur. Used in a Sentence: The scheduling department at my court reporting agency confirmed the job with the paralegal who scheduled the job with our office.
CONTINUANCE
The adjournment or postponement of a legal proceeding to a subsequent day. Used in a Sentence: The deposition I am covering today is a continuance of the same witness from yesterday’s deposition
COPY TRANSCRIPT
Once the original transcript has been ordered, any other party who wants the transcript would be ordering the copy; transcript. (There are specific rules surrounding copy orders in each state. It’s important to be familiar with your local rules. ) Used in a Sentence: Opposing counsel ordered a copy of the transcript after the setting firm ordered the original
COUNTERCLAIM
when the original defendant files suit against the original plaintiff.
COURT HEARING
A judicial session held for the purpose of a judge deciding issues of fact or of law. Used in a Sentence: The plaintiff’s attorney filed a motion in limine and scheduled the hearing a week before trial. The judge ruled in the plaintiff’s favor.
CUSTODIAN OF RECORDS
The person who has been designated responsible for the records of a company or a specific department within a company. Used in a Sentence: When I got to the records pick-up assignment, the custodian of records did not have the records that the law firm subpoenaed.
Date of Loss
Date of Loss, typically abbreviated as DOL, is the date of the accident or property damage that caused the filing of a case.
DATE OF LOSS (DOL)
A term used in insurance cases which refers to the date of an accident, injury, or other insured event for which someone has filed a claim. Used in a Sentence: When there is a date of loss listed on the notice, the transcriptionist needs to include it on the title page of the transcript.
DEFENDANT
The accused. A person accused of wrongdoing or sued in a court of law. Used in a Sentence: The defendant could end up paying a lot of money if the jury finds that he was negligent.
DEPONENT
A person who testifies, especially under oath. The person answers questions put to them, and these questions and their answers are put on the record by the court reporter. The deponent can also be called the witness. Used in a Sentence: It is common for a deponent to be nervous about a deposition, especially if they have never been through the process.
DEPOSITION (“DEPO” for short)
The taking of testimony under oath outside of the courtroom. Depositions are taken during the discovery phase of the case, before a case goes to trial. Used in a Sentence: Joshua Locke saw the car accident happen in front of his restaurant, so he has been subpoenaed and will be the deponent for today’s deposition.
DISCOVERY
The phase of the lawsuit wherein the acquisition of notice or knowledge of given acts or facts are ascertained by the Parties to the lawsuit.
DUCES TECUM
The witness needs to bring documents requested by the noticing party. A list of requested documents will be attached to the notice or subpoena. Used in a Sentence: Q. Did you bring the documents I requested in the subpoena duces tecum? A. Yes. I was able to find everything you needed, except for one of my medical bills from 2017.
EOP/CME/IME (Medical Examination)
IME (Independent Medical Exam), CME (Compulsory Medical Exam) ,EOP (Examination of Persons): A type of proceeding where the plaintiff is being examined by a professional (usually a doctor) hired by the defendant’s law firm. Used in a Sentence: The reporter stayed with the patient throughout the entire CME and put all communication between the doctor and patient on the record.
ERRATA
A list of errors and their corrections inserted at the end of a transcript, usually on a separate page or slip of paper. When a witness reviews the transcript, they fill out a list of all errors or corrections on an errata sheet. The errata is then attached to the final transcript, like an addendum. Used in a Sentence: MR. SMITH: If you choose to review the transcript, you will be given an errata sheet on which to notate any errors.
ETRAN/PTX
“This word has two meanings. (1) The word “Etran” is used to describe the .PTX file format of a transcript that some court reporting companies use to create the transcript file. The PDF is now the most common file type used, but some attorneys still prefer the .PTX. (2) The word ““Etran”” also can mean the attorney wants the transcript emailed to them, which includes the PDF file format.” Used in a Sentence: “MR. SMITH: I would like to order the transcript. Please have your office send me the Etran as well. THE COURT REPORTER: Would you like the PDF transcript emailed to you, or are you asking for the .PTX file format? MR. SMITH: I just need the PDF file format to be emailed to me. (Some reporters always assume the attorney means they merely want the transcript emailed to them, but it is always best to confirm.)”
EUO (Examination Under Oath)
A type of proceeding used for insurance claims, similar to a sworn statement. Used in a Sentence: I was in the car when my friend got in an accident, and now I am being subpoenaed to appear for an EUO to tell the insurance company’s attorney what I remember happening.
EXHIBIT
Document, object, etc., shown as evidence. Exhibits are marked with an identifying number or letter. They are indexed and described on the Index Page of the transcript.
EXPEDITE
A transcript that has been ordered by one of the attorneys to be delivered sooner than normal turnaround in exchange for an increased fee. Used in a Sentence: THE COURT REPORTER: Normal turnaround for this transcript is ten business days. Do you need it delivered sooner than that as an expedite? If so, please tell me exactly what date you would like to receive it.
EXPERT WITNESS
A witness who gives opinion testimony in relation to some scientific, technical, or professional matter. Used in a Sentence: The defense attorney that represents the window company hired an expert witness to explain why the plumbing was to blame for the water intrusion to the plaintiff’s home.
FOR CAUSE CHALLENGES
During jury selection, the attorney has to provide a reason why the juror is being excused. A party may challenge an unlimited number of prospective jurors for cause.
IMPEACH
to call into question the credibility of a witness’s testimony by proving that he or she has not told the truth or has been inconsistent.
INDEPENDENT MEDICAL EXAMINER
a medical professional hired by the defense attorney who assesses the plaintiff’s health. They provide an unbiased report of the patient’s injuries, including an estimated amount of time required for the treatment and when the employee can return to work.
INSUREE
A person who is covered by an insurance policy. The insuree can also be called the insured. Used in a Sentence: The deposition of the insuree will take place next week, and the insurance company’s attorney will be asking her everything that happened on the day of the car accident.
INSURER
The insurance company that covers the insuree. Used in a Sentence: The insurer will most definitely want to see the medical bills from the insuree’s hospital visit.
INTERPRETERS VS. TRANSLATORS
Most people confuse these two services. Interpreters interpret verbally. Translators translate the written word. An interpreter is hired for legal proceedings to interpret for a witness who doesn’t speak English. If you had a legal contract that was written in Spanish but needed to be translated into English, you would use a translator. Used in a Sentence: The scheduling attorney was asked to hire an interpreter for the deposition, since the witness didn’t speak English.
INTERROGATORIES
During the discovery phase of a case, parties will send each other a list of written questions that need to be answered. The responses are sworn under penalties of perjury. Used in a Sentence: Opposing counsel asked me to elaborate on some of my answers to the interrogatories he sent my attorney.