RULES FOR TELEPHONE DEPOSITIONS

RULES FOR TELEPHONE DEPOSITIONS

Useful Insight for Attorneys and Court Reporters

In this new world of technology and inflated travel costs, why not do telephone or videoconference deps?  In fact, when timing or location are an issue for counsel or even the witness, this is the answer to endless cancellations and passing deadlines.

Since phone deps have become more popular, the question amongst reporters and attorneys has been, is it okay for me to swear in the witness over the phone?  The answer is two-fold; in other words, yes and no, depending on your state. 

There are states listed below that do have rules on phone deps that each notary/reporter should look into.  However, according to the NCRA, the states listed on the right of the below chart have no guidelines regarding phone depositions… For my local friends, Pennsylvania and New Jersey have NO RULES.

For those states on the left, the Director of the NCRA offers these three suggestions if you find yourself in a predicament that would violate your Notary oath:

1. Get a reporter to take the deposition with the witness.

2. Get an authorized oathgiver to swear in the witness.

3. When the witness is not in the reporter’s presence and there is no notary in the witness’s presence, if local rules allow, suggest that all parties, including the witness, stipulate on the record that the testimony is being given as if under oath.

Does your state have any laws, court rules or guidelines regarding telephone depositions?

Yes

Alaska
Colorado
Florida
Idaho
Indiana
Illinois
Maryland
Minnesota
Mississippi
Nebraska
New Mexico
New York
South Carolina
Tennessee
Texas
Utah
Washington
Wisconsin
Wyoming

No

 Alabama
Arkansas
Arizona
California
Connecticut
District of Columbia
Delaware
Georgia
Hawaii
Iowa
Kansas
Kentucky
Louisiana
Maine
Massachusetts
Michigan
Missouri
Montana
Nevada
New Hampshire
New Jersey
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Dakota
Vermont
Virginia
West Virginia

 



Some Grown-up Apps That Are Worth A Try

Apps aren’t just for kids anymore!  When is the last time you really shopped in the App Store?  There are some amazing productivity apps as well as storage and networking apps that are not to be overlooked by businessmen and women. Some have been out for a while and I wish I knew about them sooner. I hate when I’m late to the game… But better late than never!

 Check out the below apps and see if they can make your life easier:

LinkedIn

Networking!  Networking!  Networking!  We’ve all been told how important it is!  Here is a free opportunity to network. It is amazing how you can connect with target audiences and join networks. This has become a major source of staying connected with clients and even potential clients. Because it’s geared for business, it is comfortable and professional. Facebook is great, but sometimes a little too personal when it comes to what your clients are posting!  LinkedIn keeps it strictly business for the most part.

SignNow

For court reporters, unfortunately a signature is all we have in the hopes of getting paid. Most businesses deliver the service at the time of payment or even after. We, on the other hand, deliver the service and product and then pray we get paid. With SignNow, our reporters have no excuses not to get the signature of the ordering party. Once you load in your document, which is the order form in our case, anyone can sign on the dotted line with just their finger!  In addition, this app works with any PDF that you receive that needs to be signed!  No more running to a printer to finalize deals! 

PDF Max

The perfect PDF annotating app!  Fill out forms, take notes, and annotate any PDF document.  Not only can you make the changes from wherever you are, you can send the changes to all of your devices via iCloud.  The synchronization is amazing!  You can type changes or corrections or use finger commands including highlighting.  How about using the voice note feature if you aren’t in the position to type or write changes?  I say, genius!!  Lawyers, court reporters and proofreaders are loving this app. 

Expensify

Who doesn’t HATE preparing expense reports??  I feel pretty confident that no one actually LIKES it.  This app can help.  You can scan receipts, load time, record mileage from your GPS app, and sync it all with your credit cards and bank accounts.  You can email a PDF copy of your expense report wherever it needs to go virtually hassle-free!  Expensify can simplify!  Get on it! 

Dropbox

Love Dropbox!  Even those of us with the supercharged big-dog iPhone are conscious of our memory space… delete this video just in case it slows me down, delete these photos because my camera is taking too long to open.  Well, here is your answer!  You can automatically have your photos uploaded to Dropbox!  It just backs them up for you!  You can delete to free up space and not worry about losing pictures and videos that you would rather keep.  Not just that, but you can arrange files, say, by case name or project name or even each of your children can have a file within your box to save pics of those precious school projects that involve food or glitter and are screaming to be thrown out.  You can share the link to each file or document with whomever you would like… boss, assistant, or even granny.  Dropbox rocks! 

Hootsuite

This app is genius!  You can manage all of your social media accounts from one dashboard!  My company has Facebook, Twitter and LinkedIn accounts, which can be impossible at times to check in with them all. For swift replies and updates, put all of your accounts into Hootsuite and manage them from the app icon on your iPhone or iPad.  All social media in one app…  a fist pump and a Hoot Hoot to that!

Vertical Response

This is a new one for me.  So you have your newsletter, you have your contacts…most of this is on your desktop, right?  Well, for me it is anyway.  This app allows me to easily update my contacts while on the road, even access the reports for the emails you may have sent out Friday, but would like to check on Sunday.  Making life easier one app at a time… love it! 

Westlaw Case Notebook

This one is pretty much for attorneys only, although some support staff may find it helpful, too.  Westlaw Case Notebook is your portable e-Transcript app.  Most court  reporters by now should be sending you e-Tran files of your transcripts by email.  (And if they aren’t I can recommend a good agency for you to try ASAP!)  So this is how you view all of your transcripts without schlepping all of that paper around… convenient and a back-saver!  Just a few of the cool features… word indexing, highlighting, annotating, search feature, and even share it with or without your notes.  This is huge!  We are definitely saving some trees with this one!



National Court Reporting and Captioning Week

The guardians of the record have been officially recognized by Congress! 

This week, February 17th through February 23rd, kicked off the first official National Court Reporting and Captioning Week, according to the NCRA. 

As the leading court reporting association in the nation, the NCRA has cited that this special week now acknowledges “the hard work of court reporters and broadcast captioners nationwide.”   It was even acknowledged in Congressional Record on February 14th by Congressman Ron Kind of Wisconsin. 

Congressman Kind’s wife is a court reporter…  He must know firsthand the dedication the profession commands.  Poor Congressman Kind has probably had many dinner cancellations, many weekends interrupted, and many nights ruined by last minute call-ins, daily copies and unbearable witnesses!

Thank you for the recognition, Folks…. it’s not easy!



Does Your Court Reporting Agency Offer You Free Videoconferencing?

The latest technology in court reporting is here and you should capitalize on it! Videoconferencing is a great way to get the testimony you need from out-of- state or even out-of-country witnesses without leaving the city.

Videoconferencing suites at your court reporting agency should be fully accessible to valued clients at no charge. For example, Ace Reporters, Inc. offers not only the complimentary suite, but also any necessary amenities such as, copying service, couriers, breakfast and / or lunch, free Wi-Fi, etc.

Here are three good reasons why you should be using videoconferencing:

  • Videoconferencing will save you money. There may be a charge at the remote location, but the fees are far less than traveling expenses.
  • Videoconferencing will save you time. It’s convenient to stay nearby and take the deposition in a familiar and comfortable setting.
  • Videoconferencing cuts out the unknown. No more hiring reporters that you don’t know! Remain confident with an agency you know and trust taking your important notes of testimony.


How a Difficult Witness Affects Your Transcript

A difficult witness not only affects counsel, but also the court reporter, and in turn, your transcript!

Here are some tips to preserve an accurate record:

Get the court reporter involved.

While we are normally sitting quietly in our positions, when it comes to witnesses cutting off questions or grunting or hand gestures, court reporters don’t mind jumping in and helping out. Most times the witness is mad at the attorney who is slinging the questions, but they also usually feel bad to hurt us with their antics. This situation can usually be remedied by the court reporter with a polite request and brief explanation to the witness regarding how hard our job is. In turn, this will help keep your transcript clean and accurate.

Mark questions.

Experience shows there is something magical in the words “can you mark that question, please.” The everyday witness seems to believe that is code for “I really have him now.” They seem to straighten right up become cooperative instantly!

Don’t forget to put it on the record.

Describe the witness’s behavior for the record. We don’t have a parenthetical for “Witness looks annoyed” or “Witness is pounding his fists on the conference table.” So be sure to spell it out so the record reflects the behavior accurately.