Module 1 Flashcards
Transcript
The (verbatim) record of words exchanged throughout the legal meeting.
Transcripts are only read if the witness elects to read, and that is IF the transcript is ordered to be transcribed in the first place. If they waive, no errata sheet or letter is included when the transcript is ordered. If it’s not discussed at all, the reporter usually includes it anyway.
ALL transcripts need a certificate.
Certify / Certified Question
Parties will disagree with each other within a proceeding. One side will refuse to let their witness answer a question that the other side asks, and the party posing the question will “certify” it.
That means they’ll take the question before the presiding judge on the case and request that the judge order the witness to answer the question. - the judge will grant or deny it.
Depending on the state, the reporter may have various ways of indexing certified questions found within a transcript for easy reference. Usually, it entails listing them in an index in the beginning of a transcript.
Court Reporter
Also known as Stenographer.
Create verbatim (read: word-for-word, as it was spoken!) transcriptions at various legal proceedings: trials, depositions, hearings, case management conferences, medical examinations, jury selections, and more. They also do the closed-captioning on television programs.
[sic]
Placed after something misspoken or something “weird” in the transcript.
Means: Intentionally so written and is used to show that the word or words are, indeed, exactly as they were spoken.
If you see something weird in the transcript, you may want to flag or highlight it for your client if you think a [sic] might be needed.
Steno / Stenography
A code translation system that lets users enter words and syllables by pressing multiple keys simultaneously in a chord, which is then instantly translated into English text.
Steno is currently the fastest and most accurate text entry method available.
How a Transcript becomes a Transcript
Step 1:
Legal assistant calls job in to court reporter / legal services agency.
Step 2:
Job gets scheduled by agency.
Step 3:
The day before the job the agency assigns a court reporter (unless client requests a specific reporter ahead of time).
Step 4:
The reporter goes to the assigned location to report, or “take down” the job.
Step 5:
If the transcript orders, the reporter uses CAT software (StenoCAT, Eclipse, etc.) on their computers to translate their notes from the jo into English, editing it along the way. This is called scoping. The end result should be as clean and “turn-in-ready” as possible.
Step 6:
You receive the scoped, edited job and you proofread it carefully. You send it back to the reporter for them to make the final corrections.
Step 7:
Usually, if the reporter has a good proofreader, once they’ve made the final corrections and reviewed any sticky parts of the job against their audio, the reporter can turn in the job to the agency.
This usually involves uploading the audio to an FTP site for safekeeping, in case something happens to the reporter and the job backorders.
Step 8:
The agency production team goes through a Quality Assurance checklist where spellings, dates, etc., are cross-checked against the notice for the job.
If the agency finds errors of any kind, they may either fix them in their own, or send the errors back to the reporter and request the reporter resubmit the job for processing.
Step 9:
The production team prints the original transcript and binds it, using stamps to differentiate between the original and the copies, and including the exhibits either attached inside the bound transcript, or separately if there are tons of exhibits.
Step 10:
The job goes to the billing department after binding, and an invoice is included on top of each bound transcript.
Step 11:
The transcript is packed up and shipped out or hand-delivered (to local offices) via courier to the ordering parties for filing with the court or further use in the case.
Scoping
CAT software (StenoCAT, Eclipse, etc.) on a computer to translate notes from a job into English, editing it along the way.
Backorders
Some jobs never order; some jobs are ordered way in the future, and are referred to as “backorders.” A job from 3 years ago for example….
Exhibits
A document or other object produced in a court as evidence.
Some jobs have zero exhibits, some jobs have hundreds of exhibits.
Exhibits are NOT marked in hearings/trial by the reporter, but instead they are received into evidence by the clerk. Especially in trial, they will often include an index of exhibits referred to for ease of reference.
Exhibit lists appear for two reasons:
1) Exhibits were MENTIONED (doesn’t always happen since they are marked in another deposition somewhere and not technically a pet of the current one)
2) Exhibits were MARKED by the reporter (should ALWAYS be on an index)
If a job orders, the reporter must submit the exhibits to the production office, and the staff will organize and make copies of every exhibit, adding tabs and color coding as necessary, and distributing the exhibits (original and copies) along with the finished transcript.
Read & Sign / Errata Sheets
Each witness has an opportunity to read or waive reading the transcript of their deposition (usually, sworn/unsworn statements, EUOs, or other proceedings in which there is not yet a lawsuit, there is no opportunity to read given).
Depositions are 99% of the time where you’ll find errata sheets and read letters - these are included for the witness to read over their testimony and make corrections. It does not actually change their testimony; it’s more for them to find any typos.
Transcripts are only read if the witness elects to read, and that is IF the transcript is ordered to be transcribed in the first place. If they waive, no errata sheet or letter is included when the transcript is ordered. If it’s not discussed at all, the reporter usually includes it anyway.
Hearings never have errata sheets, neither do trials.
Reporters should include a letter and an errata sheet for corrections at the end of the transcript if the witness elects to read, or indicate on the certificate that the witness waived reading.
The production office may mail the letter or include it with the produced transcript for the attorneys to arrange reading and signing.
Certificates
There are two types of certificates.
Certificate of Oath:
which the reporter includes if (and only if) he/she was the one to swear the witness. NOT when the judge or clerk does it.
Also, the reporter must be physically present in the witness’ location to swear in the witness. Cannot be done over the phone or videoconference.
In a hearing, the clerk usually swears in the witness, so there is no Certificate of Oath.
Reporter’s Certificate a/k/a Deposition Certificate or Certificate of Reporter or just Certificate:
The reporter certifies the date, the witness’s name, and his/her impartiality to the case.
There are hundreds of formats for this certificate; each state/agency may very well do it differently.
It’s crucial for proofreaders to check the name and date on these against the cover page of the job - sometimes reporters will use an old file and forget to change the name and/or date.
ALL transcripts need a certificate.
EUO
Examination Under Oath.
One of the most important things to keep in mind when you’re proofreading an Examination Under Oath (EUO), is that the reporter can’t use the words “deposition,” “plaintiff,” or “defendant.”
An EUO is part of the claims investigation process. A deposition is not part of the claims investigation process; it is designed to facilitate the gathering of information once an insured [sic] (intentionally so written [sic]) has denied the insured’ claim.
There is not yet a lawsuit filed, because the claim is still being investigated. There are no parties if there is no lawsuit!
Note: In general the witness does not read / sign an EUO, but some reporters elect to stick it in there anyway.
Interpreted Proceedings
Any type of proceeding can have an interpreter present.
MUST REMEMBER
- The cover of the transcript must indicate that the proceedings occurred with an interpreter (exact format varies)
- The interpreter’s name must appear on the appearance page, usually following the words “ALSO PRESENT.”
- The interpreter must be sworn in, just like the witness, unless it is an unsworn statement (they may swear in the interpreter anyway)
- The interpreter’s name must also be included in any certificate of oath, either with the witness, or alone in a separate certificate.
Types of Proceedings
Interpreted
Voir dire (jury selection)
Hearings
Trials / appeals
Private meetings
Case management conferences
Arbitrations
Sworn / unsworn statements
Settlement conferences
Mediations
Compulsory medical examinations
Note: if you see a reporter include an oath certificate on an unsworn statement, or refer to a witness in an EUO as a deponent - and other similar things - flag it.
Deposition
A formal, usually written, statement to be used as evidence.
Depositions are 99% of the time where you’ll find errata sheets and read letters - these are included for the witness to read over their testimony and make corrections. It does not actually change their testimony; it’s more for them to find any typos.
