Glossary Flashcards

1
Q

AFFIDAVIT

A

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).

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2
Q

AID OF EXECUTION

A

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.

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3
Q

ALSO PRESENT

A

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.

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4
Q

ANNOTATION

A

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.

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5
Q

APPEARANCE FEE

A

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.

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6
Q

APPEARANCES

A

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.

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7
Q

ARBITRATION

A

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.

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8
Q

ASCII

A

(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.

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9
Q

BOOKMARK

A

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.

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10
Q

BY LINE

A

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).

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11
Q

C.V.

A

C.V. stands for curriculum vitae. It is typically in reference to a doctor’s resume.

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12
Q

CALENDAR

A

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.

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13
Q

CANCELATION FEE

A

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.

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14
Q

CHANNEL

A

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.

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15
Q

CLAIM NUMBER

A

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.

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16
Q

CLAIMANT

A

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.

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17
Q

CO-COUNSEL

A

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.

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18
Q

COLLOQUY

A

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.

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19
Q

CONDENSED/MINI TRANSCRIPT

A

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.

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20
Q

CONFIRMATION OF PROCEEDING

A

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.

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21
Q

CONTINUANCE

A

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

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22
Q

COPY TRANSCRIPT

A

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

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23
Q

COUNTERCLAIM

A

when the original defendant files suit against the original plaintiff.

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24
Q

COURT HEARING

A

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.

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25
Q

CUSTODIAN OF RECORDS

A

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.

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26
Q

Date of Loss

A

Date of Loss, typically abbreviated as DOL, is the date of the accident or property damage that caused the filing of a case.

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27
Q

DATE OF LOSS (DOL)

A

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.

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28
Q

DEFENDANT

A

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.

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29
Q

DEPONENT

A

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.

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30
Q

DEPOSITION (“DEPO” for short)

A

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.

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31
Q

DISCOVERY

A

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.

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32
Q

DUCES TECUM

A

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.

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33
Q

EOP/CME/IME (Medical Examination)

A

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.

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34
Q

ERRATA

A

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.

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35
Q

ETRAN/PTX

A

“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.)”

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36
Q

EUO (Examination Under Oath)

A

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.

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37
Q

EXHIBIT

A

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.

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38
Q

EXPEDITE

A

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.

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39
Q

EXPERT WITNESS

A

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.

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40
Q

FOR CAUSE CHALLENGES

A

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.

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41
Q

IMPEACH

A

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.

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42
Q

INDEPENDENT MEDICAL EXAMINER

A

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.

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43
Q

INSUREE

A

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.

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44
Q

INSURER

A

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.

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45
Q

INTERPRETERS VS. TRANSLATORS

A

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.

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46
Q

INTERROGATORIES

A

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.

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47
Q

JURY CHARGE

A

Before released for deliberation, the judge give’s instructions to the jury concerning the law that applies to the facts of the case on trial.

48
Q

LIMINE

A

a request by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case. Generally, this motion is brought during pretrial hearings or at the very beginning of trial. Used in a Sentence: The defense wanted the plaintiff’s attorney to only refer to the defendant by Mrs. Smith in front of the jury so he brought this up in the motion for limine prior to trial; the judge granted his request.

49
Q

LITIGATE

A

To carry out a dispute or contest with someone before the law; to sue someone. Used in a Sentence: The grocery store’s unwillingness to negotiate an agreement increased the customer’s desire to litigate.

50
Q

LITIGATION

A

Contest in a court of justice for the purpose of enforcing a contract or right. Used in a Sentence: Sara entered into litigation when she filed the lawsuit against her doctor.

51
Q

MARK FOR IDENTIFICATION

A

Assigning/labeling exhibits (documents or objects) with a number or letter. The identifying information is usually written on an exhibit sticker that is adhered to the exhibit, generally on the bottom right-hand corner.

52
Q

MEDIATION

A

A type of proceeding in which the parties discuss their disputes with the assistance of a mediator who assists them in reaching a settlement. Used in a Sentence: The parties scheduled the mediation to take place at the court reporting agency’s office but didn’t require a court reporter to take down the proceeding.

53
Q

MEETING

A

A type of job that a reporter can cover that may or may not have something to do with litigation. Reporters are asked to cover meetings of all kinds; for example, town hall meetings, HOA meetings, etc. Used in a Sentence: There were so many people at the meeting, I had to remind them almost every ten minutes to speak one at a time and to say their name before speaking.

54
Q

MOTION

A

An application, usually from an attorney, made to a court or judge for an order and/or ruling. Used in a Sentence: The judge ruled on three motions in yesterday’s hearing on the Tipton case.

55
Q

MOTION FOR SUMMARY JUDGEMENT

A

a request by one party to the judge to close the case because the other party does not have any admissible evidence to support their allegations or denials; there are no facts at issue. Used in a sentence: The judge granted the motion for summary judgement because it was obvious the plaintiff couldn’t support their claims; there was no evidence!

56
Q

MOTION TO DISMISS

A

Without ever addressing the merits of the factual disputes between the parties, the defendant may be able to move to dismiss the case on a number of grounds. Used in the Sentence: The plaintiff didn’t serve the summons and compliant within the required timeline so the judge granted the defendant’s motion to dismiss.

57
Q

NDA

A

An NDA, Non-Disclosure Agreement, is legal contract that protects the confidentiality of information shared between two or more parties. Reporters and transcriptionists will likely sign a NDA when you begin working for a company/courthouse.

58
Q

NETWORK AGENCY (AFFILIATE)

A

Court reporting agencies use other court reporting agencies to cover their work. Reporting Agency A may hire Reporting Agency B, and Reporting Agency B will assign a reporter they work with to cover the assignment. Used in a Sentence: I covered a network job for my agency today, and I had to read the network agency’s special instructions for turning in the transcript.

59
Q

NO-SHOW

A

When a witness does not appear for their testimony. In some states reporters produce a Certificate of Non-Appearance (aka CNA) when the witness does not appear. Used in a Sentence: Two of my jobs this week were no-shows, and the clients requested CNAs.

60
Q

NOTICE OF DEPOSITION

A

When one of the parties wants to schedule a deposition, they create a Notice of Deposition and send it to all parties in the case. Within this document, the scheduling attorney indicates the person to be deposed, the location, the date, the time, and any other required information. The scheduling attorney’s office will typically email the Notice of Deposition to the court reporting agency so they can add the deposition to their calendar for a reporter (and possibly a videographer or interpreter) to appear at the deposition.

61
Q

NOTICE OF DEPOSITION, HEARING, ETC.

A

In a legal sense, a notice is information, advice, or a written warning intended to inform a person of some proceeding in which their interests are involved or informing them of some fact which is their right to know and which is the duty of the informing party to communicate. Used in a Sentence: The notice for today’s depo indicated the job was at 2 p.m., but I see a note that the law firm called my office to reschedule it to 2:30 p.m.

62
Q

O & 1

A

A notation which means that the original transcript (O) plus one (1) copy is being made of a transcript. The person who orders the original is considered to be ordering the O&1 (original plus one copy) because they need the original to file with the court and a copy to keep for themselves. With new eFiling rules, not all hard copy originals have to be filed physically; but the terminology is the same. O & 5; would mean the original plus five copies are being ordered. This means five parties are ordering the transcript. Pronounced: oh and one. The first character is an O meaning Original; not a zero. (There are specific rules surrounding original orders in specific states. It’s important to be familiar with your local rules.) Used in a Sentence: There were four parties at yesterday’s deposition. Three of them ordered, so it was an O&3.

63
Q

OF-COUNSEL

A

An attorney who has been asked to aid in the preparation and management of a particular case but who is not the principal attorney in the action and does not work for the law firm the client hired. For example, Law Firm A may have a prospective client ask them to take their Erisa case. Erisa is a specialized kind of law that not many attorneys practice. Law Firm A may utilize a lawyer that doesn’t work at Law Firm A to cover that specific case for them. That attorney is working as of-counsel for Law Firm A. Used in a Sentence: The attorney that showed up to today’s deposition was of-counsel for the scheduling firm. I realized this when he handed me his business card and it said he was from a law firm not listed on the notice and asked him for clarification.

64
Q

ORIGINAL TRANSCRIPT

A

When we are talking about printed versions of a transcript, the first party who orders from the reporter will receive two identical printed versions of the transcript, with the only difference being that one was stamped with the word Original; and one is stamped with the word Copy; The party who ordered first would file the original transcript with the clerk and keep the copy version as their personal transcript. Things have changed with eFiling, and attorneys may not want to receive a printed version of the transcript; however, the lingo is still the same. (There are specific rules surrounding who orders the original in each state.) Used in a Sentence: The scheduling attorney ordered the original on the record at the end of the proceeding. Opposing counsel then ordered a copy.

65
Q

PARENTHETICAL

A

A parenthetical is a message to the reader of a transcript of something that occurred, but was not said out loud. For Example: Please mark the witness’s resume as Exhibit 14. (Exhibit No. 14 was marked for identification.)

66
Q

PARTY

A

In litigation there is an individual or company that is suing another individual or company. Each individual or company involved in the case is a party. Used in a Sentence: There are three parties in this case; but one attorney represents two of the parties, so there were only two lawyers at the deposition.

67
Q

PENALTY OF PERJURY

A

When someone makes false statements under oath, they will be deemed guilty of committing perjury (or perjuring themselves) and may be penalized financially or even with imprisonment.

68
Q

PEREMPTORY CHALLENGES

A

During jury selection, the attorney doesn’t have to provide a reason why the juror is being excused. A party may challenge a limited number of prospective jurors without cause.

69
Q

PETITIONER

A

The party who presented the petition to the court. (Petitioner vs. Respondent) Used in a Sentence: If the petitioner is successful in his application for reduction of alimony, then the judge will change the amount of alimony to be paid.

70
Q

PI (or P.I.)

A

Abbreviation for “Personal Injury”; a category of litigation which involves individuals who are victims of personal injury. Used in a Sentence: I covered a simple PI case yesterday; the plaintiff slipped at a grocery store.

71
Q

PLAINTIFF

A

The person who begins a lawsuit. The plaintiff accuses another of wrongdoing. See also Defendant. Used in a Sentence: The plaintiff has had three major surgeries because of her car accident. I think the insurance company will be sued if they do not cover her medical expenses.

72
Q

PLAYBACK / READBACK

A

Upon request, the digital court reporter is required to locate a requested portion of the recording and then play it back for everyone present to hear. Used in a Sentence: Noun: The judge asked me to perform a playback of the last question/answer. Verb: Will you play back the question I asked in regards to the timing of the accident?

73
Q

PLAYBACK SPEED

A

Some audio software allows the user to control the speed of the audio being played back. Used in a Sentence: The interviewer was speaking so fast that the transcriptionist slowed down the playback speed to make it much easier to transcribe.

74
Q

PRO HAC VICE

A

an out-of-state lawyer who does not have a license in the state in which the case is being tried. This attorney will work with local counsel, an attorney licensed in that state, to work on the case together.

75
Q

PRO SE

A

A party to the case who proceeds without hiring an attorney. They have decided to represent themselves, as is their right. Used in a Sentence: The pro se defendant asked the questions during yesterday’s deposition.

76
Q

PROCEEDING

A

Any legal step or action taken at the direction of, or by the authority of, a court or agency; any measures necessary to prosecute or defend an action. A proceeding is any job a court reporter may cover that involves a legal matter. Used in a Sentence: The proceeding lasted for nine hours, and the judge only went to recess because it was 6 p.m.

77
Q

Q&A

A

Means question and answer. Court reporters use this term to describe the transcript formatting for when they are in the Q and A portion of testimony, outside of colloquy formatting. Used in a Sentence: During Q and A opposing counsel objected to almost every question asked. The transcript will have a lot of back and forth from colloquy to Q and A formatting. Q. What time do you leave your house for work every day? A. Around 7 a.m., but sometimes not until 7:30 a.m.

78
Q

READ AND SIGN LETTER / R&S LETTER

A

If the witness has the right to read or has asked to read, the reporter will attach a letter to the end of their transcript that will be mailed (or emailed) to the witness or the witness’s attorney informing them when the transcript is ready and how they can coordinate the reading of the transcript. Used in a Sentence: Because the witness specifically asked to read for the federal case I covered, I included the Read and Sign letter in the transcript and my office emailed it to the witness’s attorney.

79
Q

READ OR WAIVE

A

When the witness either reviews the transcript for errors or waives their right to do so. Note: Reading the transcript is a PRIVILEDGE in federal cases. It is not a right. Used in a Sentence: Florida Case: The witness was asked if they wanted to read or waive, and they decided to waive their right to read; therefore, the reporter did not include the Read and Sign Letter in their transcript. Federal Case: The witness did not specifically request to read the transcript, so the reporter did not include the Read and Sign letter.

80
Q

READ-ON / READ-IN

A

An term referring to the script/verbiage that gets read into the record by the digital reporter (sometimes videographer) before an examination begins. The read-on mentions case name, witness, date/time, location, etc. Also refers to the process of reading said script.

81
Q

READBACK/REPEAT BACK

A

A readback is the DR listening to the audio of the requested question/answer through headphones, typing what was said, and then reading back what was said to the participants. A repeat back is the DR listening to the audio of the requested question/answer through headphones, and then repeating back what was said to the participants.

82
Q

REALTIME REPORTING

A

Similar to closed captioning; it allows for the parties attending the proceedings to watch the text in real time. (Some stenographers and voice writers are capable of realtime, not all.) Used in a Sentence: Because the attorney needed realtime for their depo, my office scheduled a realtime stenographer to cover the proceedings. As a digital reporter, I don’t have the ability to provide realtime.

83
Q

REDACT

A

Removing text or images from an original document, used sometimes because of privileged information. Used in a Sentence: MS. JONES: I need the reporter to redact the witness’s Social Security number from the record.

84
Q

RESPONDENT

A

The party a petition has been filed against. (Petitioner vs. Respondent) Used in a Sentence: In some legal systems, when one appeals a criminal case, one names the original court as the defendant but the state is the respondent.

85
Q

ROUGH / DIRTY TRANSCRIPT

A

A term that refers to an unfinished transcript of proceedings. Attorneys sometimes ask for this from a reporter. Because the text has not yet been edited and proofread by the reporter, the reporter cannot certify that the record is complete and correct; therefore, the text is said to be uncertified. A digital reporter cannot provide an instant rough (the second the job is over), but can provide it as soon as possible.

86
Q

RPU ONLY (RECORDS PICKUP)

A

A type of job scheduled with court reporting agencies where the reporter will go to a specific location, usually a doctor’s office, to pick up records that the scheduling law firm has subpoenaed from that location. Used in a Sentence: I arrived at my RPU, and the receptionist had the medical records ready for me.

87
Q

RPU WITH QUESTIONS

A

In addition to picking up records from a specified location, the reporter is given a written list of questions which they themselves ask the deponent on the record. See also RPU Only. Used in a Sentence: The records custodian met me in the waiting room; and because no one was in there with us, she said we could do the questions right there. I had already set up my equipment and did my microphone check, so I hit record, swore them in, and read the questions out loud on the record.

88
Q

RULING

A

an official decision made by a judge or court. (Not the verdict.)

89
Q

S/B

A

This abbreviation means SHOULD BE. Proofers use this term to indicate that something in the transcript is wrong and it SHOULD BE this.

90
Q

SCHEDULING DEPARTMENT (CALENDAR DEPARTMENT)

A

Court reporting agencies usually have a department that handles all of the scheduling of jobs and assigning of reporters to each job. Typically, the scheduling department will confirm the job with the client the day prior to make sure all details are correct and the job is still going forward. It is very common for jobs to cancel or reschedule. The scheduling department will either assign reporters in advance or the day prior to the job. Used in a Sentence: The calendar department scheduled me on a job on Monday in front of Judge Byers

91
Q

SCOPING

A

The process of editing the first rough translation of the stenographer’s notes, with the help of audio, into final form. A stenographer may do this step themselves or may hire a scopist. The scoped transcript is then proofread without audio by the reporter that covered the proceeding or a proofreader. Usual order of transcript production: Stroked > Scoped > Proofread Used in a Sentence: Scoping this transcript for the stenographer proved to be very difficult because the stenographer didn’t have clean notes from the trial she covered last week.

92
Q

SCOPIST

A

A person who assists a stenographer by taking the first rough computer translation of the reporter’s notes and editing those notes into full transcript format with the help of the recorded audio file of the proceeding. Used in a Sentence: The stenographer’s scopist wasn’t available to help her with an expedite, so the stenographer had to stay up all night to finish the transcript and still had to go to her 9 a.m. deposition across town.

93
Q

SETTING PARTY/ATTORNEY

A

The party/attorney that scheduled the reporter to be present for the specific proceeding. See also Taking Attorney. Used in a Sentence: The setting attorney ordered the original and asked me to expedite this transcript for delivery tomorrow. I had to call my office for them to make arrangements with a transcriptionist as soon as possible.

94
Q

SPEAKER DESIGNATION (for DCRs)

A

Timestamped notes during proceedings will include speaker designations/identifications. While the digital reporter is typing, getting the speaker identifications is the first priority. The transcriptionist can hear what is being said but may not know who said it. Used in a Sentence: The digital reporter did a great job with her speaker designations, which was so important on this deposition since all of the people present were male and had similar voices.

95
Q

STATEMENT (SWORN/UNSWORN)

A

A type of proceeding similar to a deposition where a witness is asked questions on the record. The witness can be sworn or unsworn. Used in a Sentence: The reporter didn’t need to swear in the witness for the unsworn statement.

96
Q

STIPULATION (sometimes referred to as a “stip”)

A

The name given to any agreement made between attorneys. It is not binding unless agreed to by all counsel present, and most stipulations are required to be in writing. In a deposition a stipulation is often spoken into the record by the taking attorney and agreed to verbally and on the record by the other counsel present. Used in a Sentence: The attorneys stipulated on the record that the exhibits will be retained by the witness

97
Q

SUBPOENA

A

A judicial order requiring a person to appear and give testimony. Used in a Sentence: The witness was served a subpoena two weeks before the deposition date.

98
Q

STRIKE

A

A cure-all phrase to remedy asking a bad question. If the attorney starts to ask a question and wants to reword it before he has finished, he may say -strike that- to start his question over. The partial question he started to ask will still be part of the transcript. Used in a Sentence: Q. What happened immediately after – strike that. What happened when you got out of the car?

99
Q

SUMMONS

A

An official document, issued by the court, notifying the Defendant(s) a lawsuit has been filed against them and asserting the power of the court to hear and determine the case. The summons officially starts the lawsuit upon proper service on the Defendant(s). Used in a Sentence: A process server came to my house yesterday and served a summons to me that stated I was being sued for a car accident I was in last month.

100
Q

SWEAR-IN / OATH

A

Do you swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? The reason the word affirm; is included is to put people under oath who may have religious beliefs that do not allow them to swear. Used in a Sentence: After the parties identified themselves and whom they represent, the reporter will do the swear-in.

101
Q

TAKING ATTORNEY

A

The attorney who ordered the deponent to appear for questioning. The taking attorney notices others in the case of the time and place of the deposition; subpoenas the deponent, if needed; and orders the court reporter. See also Setting Attorney. Used in a Sentence: The taking attorney asked the witness questions until 6 p.m.

102
Q

TESTIMONY

A

The statement or declaration of a witness, usually under oath. Used in a Sentence: The reporter did the swear-in before the witness gave their testimony.

103
Q

THE INSURED

A

A person who is covered by an insurance policy. The insured can also be called the insuree.

104
Q

TIMESTAMP

A

A record of the time; i.e. 1:32:04 p.m. A time stamp is created with any new line of annotations (notes) within the digital recording software. Used in a Sentence: The digital reporter made a new timestamp when the plaintiff’s attorney started their opening statement.

105
Q

TRANSCRIPT (official)

A

The written version of what was said during an event.

106
Q

TRIAL (JURY)

A

A legal process in which a judge and jury review testimony and evidence presented. The jury makes the final decision in the case. Used in a Sentence: Jury selection, aka voir dire, happens at the beginning of jury trials.

107
Q

TRIAL (NONJURY)

A

A legal process in which a judge reviews testimony and evidence presented to make a decision on a case. Used in a Sentence: The judge will be making the final decision in all nonjury trials.

108
Q

TRIAL TECHNOLOGY

A

Attorneys use technology to help prove their case. A trial technician is someone who helps the attorney display any media relevant to their case in the courtroom. Trial technicians utilize video, 3-D images, Document Cameras (projector), etc.

109
Q

TURN-IN SHEET

A

The purpose of this document is to include all information needed for the transcriptionist and court reporting office to prepare an accurate transcript. This document can include the reporter’s name, start/end times, appearances information, exhibit info, R&S info, transcript order info, etc. Depending on whom the digital reporter works for, there may be a different name for this document. It may commonly be referred to as a Case Information Sheet, Digital Reporter Worksheet, etc. Used in a Sentence: After the deposition I filled out the turn-in sheet and then uploaded it to the portal my office uses, along with all audio for that job.

110
Q

VENUE

A

which courthouse the case is filed in. Used in a sentence: The venue for today’s case is: In the Third Judicial District Court, Salt Lake County, State of Utah.

111
Q

VERDICT

A

the jury’s final decision. If the case is tried by a judge, the judge’s decision is called a judgment.

112
Q

VOIR DIRE

A

Two meanings: -in regards to jury selection, it is the process by which attorneys select, or perhaps more appropriately reject, certain jurors to hear a case. -in regards to an expert witness, it refers to the process by which expert witnesses are questioned about their backgrounds and qualifications before being allowed to present their opinion testimony in court as an expert on the subject matter.

113
Q

WITNESS (DEPONENT)

A

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 reporter. If it’s a deposition, the witness can be called the deponent. See also Deponent. Used in a Sentence: The witness was very nervous to give his testimony for the deposition, so the reporter asked if she could get him a glass of water before they got started.

114
Q

WORD SEARCH (RECORDING SOFTWARE)

A

Some audio recording software allows the digital reporter to search for words typed within the software’s annotations. Used in a Sentence: The attorney asked me to play back the question he asked about an hour ago in regard to the hospital visit on 1/21/19. I used the word search feature of my software to find where I typed -1/21- and was able to quickly find the desired portion of audio.

115
Q

WORK PRODUCT

A

Two meanings 1. An audio recording made by a court reporter. It is the personal property of the court reporter or reporting agency. There is no public entitlement to these recordings. 2. Refers to specific kinds of assignments that court reporters are hired for where the transcript is the work product of the person who hired the reporter; therefore, before selling the transcript to anyone else, the reporter must get permission from the setting firm to do so. For example, EUOs, sworn/unsworn statements, pre-suit aids of execution, and CMEs are considered work product. Used in a Sentence: 1. The attorneys asked the reporter for the audio that he recorded during the proceeding; but because it was his work product, he told them that he was not able to give it to them. 2. The attorney that represented the witness for the EUO asked to order a copy of the transcript; but because EUOs are work product of the scheduling attorney, the reporter asked the scheduling attorney if she was allowed to sell a copy to the witness’s attorney.