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Freelance FAQ
Keeping
Notes
Question:
How long should a court reporter keep
notes?
Answer:
In Court: 7 years. Death
penalty case: forever. Depos: 1 year if transcribed and 7 years if
not transcribed.
Charge Same to all
Parties
Question:
Are deposition reporters mandated by law to charge the same
amount to all parties in the case?
Answer:
There is no language in the Code of Civil Procedure that
mandates that the charges be the same to all parties. However,
there is statute that mandates that ALL products and services be
made available to all parties in the case at the same time. CCRA’s
Professional Code of Conduct No. 2 states, “Be totally impartial and
disinterested in all aspects of reporting and transcribing
proceedings, treating all participants in like manner.” The
language “treating all participants in like manner” would mean
charging all parties in a like manner.
Confidential
Deposition
Question:
I have a request to make a deposition transcript
confidential. What should the cover page have to reflect that? Any
other pages need confidential information?
Answer:
Regarding a confidential transcript, it's so much easier
when they designate the entire transcript as confidential. And
actually all transcripts are confidential until filed with the
court, but sometimes they want an extra designation or they will
specifically ask for a transcript or part of a transcript to be
sealed.
It sounds in this case like they want
the whole transcript confidential. The easiest thing to do is to
change the footer on your transcript to say "Confidential" or
"Confidential - Attorneys' Eyes Only," or whatever they requested,
so that it prints on each page of the transcript. You may also
have a red "Confidential" stamp that is stamped on the cover page.
Disposition
of Original Deposition
Question:
I understand there's a new Code which has taken the place
of CCP 2025 regarding the handling of the original transcript upon
completion in a deposition setting. Can you please refer me to
the link and/or explain what the new procedure is.
Answer:
CCP 2025 has not changed in regards to handling of the
original deposition transcript. Depending upon location of the
deposition, there are, unfortunately, different practices used by
the deposition reporter on the handling of the original
transcript. In California we always follow the CCP in the
handling of the original transcript. In Southern California the
original deposition transcript is “stipulated away” to the
deponent’s attorney. I’m sure that you understand the
ramifications of this practice. The reporter loses a copy of the
transcript that would otherwise have been ordered by the
deponent’s attorney. The original is not sealed, thus its
authentication when lodging with the court for trial is or could
be an issue. There are other issues with stipulating away the
original that I could go into, but it’s somewhat off track of your
question.
2025.550.
(a) The certified transcript of a deposition shall not be
filed with the court. Instead, the deposition officer shall
securely seal that transcript in an envelope or package endorsed
with the title of the action and marked: "Deposition of (here
insert name of deponent)," and shall promptly transmit it to the
attorney for the party who noticed the deposition. This attorney
shall store it under conditions that will protect it against loss,
destruction, or tampering.
(b) The attorney to whom the
transcript of a deposition is transmitted shall retain custody of
it until six months after final disposition of the action. At
that time, the transcript may be destroyed, unless the court, on
motion of any party and for good cause shown, orders that the
transcript be preserved for a longer period.
2025.520.
(a) If the deposition testimony is stenographically
recorded, the deposition officer shall send written notice to the
deponent and to all parties attending the deposition when the
original transcript of the testimony for each session of the
deposition is available for reading, correcting, and signing,
unless the deponent and the attending parties agree on the record
that the reading, correcting, and signing of the transcript of the
testimony will be waived or that the reading, correcting, and
signing of a transcript of the testimony will take place after the
entire deposition has been concluded or at some other specific
time.
(b) For 30 days following each
notice under subdivision (a), unless the attending parties and the
deponent agree on the record or otherwise in writing to a longer
or shorter time period, the deponent may change the form or the
substance of the answer to a question, and may either approve the
transcript of the deposition by signing it, or refuse to approve
the transcript by not signing it.
(c) Alternatively, within this same
period, the deponent may change the form or the substance of the
answer to any question and may approve or refuse to approve the
transcript by means of a letter to the deposition officer signed
by the deponent which is mailed by certified or registered mail
with return receipt requested. A copy of that letter shall be
sent by first-class mail to all parties attending the deposition.
(d) For good cause shown, the court
may shorten the 30-day period for making changes, approving, or
refusing to approve the transcript.
(e) The deposition officer shall
indicate on the original of the transcript, if the deponent has
not already done so at the office of the deposition officer, any
action taken by the deponent and indicate on the original of the
transcript, the deponent's approval of, or failure or refusal to
approve, the transcript. The deposition officer shall also notify
in writing the parties attending the deposition of any changes
which the deponent timely made in person.
(f) If the deponent fails or refuses
to approve the transcript within the allotted period, the deposition
shall be given the same effect as though it had been approved,
subject to any changes timely made by the deponent.
Electronic
Signatures
Question:
Can California court reporters submit transcripts now with
the new RealLegal electronic signature?
Answer:
At this point it's a business decision for each reporter
and/or firm owner. It's up to the attorneys how they wish to receive
their transcripts, whether in hard copy or digital. It is customary
to always still prepare a hard copy original for eventual lodging
with the court. The "digital" signature may not be necessary, as
the original hard copy transcript is the "official" record, as
prescribed in CCP 2025. If the attorneys wish an electronic
transcript in lieu of a hard copy, you may ask if they wish it
digitally signed or not, giving them the option.
If, however, the courts decide to go to
an entirely paperless environment, including the lodging of
deposition transcripts, then the CCP would have to be amended and
would definitely need to include digital signatures on transcripts.
Rough ASCII
Question:
Can a reporter refuse to give an ASCII/rough draft to the
attorney?
Answer:
The short answer to your question is yes, a reporter can
refuse to provide a rough-draft ascii. There is no regulation
regarding providing this service to attorneys, and basically it's up
to the reporter whether they feel they should/want to provide it or
not. The only regulation regarding any services provided is that
any service provided to one attorney be offered to all other
attorneys at the same time.
Out of State
Reporter Swearing in Witness
Question:
Does the court reporter at a New York deposition need to
be certified in CA for the transcript to be admissible in a
California court?
Answer:
The witness needs to be sworn in by a person authorized to
administer an oath in N.Y., and a California reporter would not be
authorized to do such, unless all parties in the case agreed to
that.
Telephonic
Swearing in Witness
Question:
What is the Code section, if any, that addresses whether
or not the court reporter must be in the presence of the witness
testifying ... or if the reporter, by stipulation of all parties,
may be at a remote location?
Answer:
See California Rule of Court 333(c) on page 58. This is
the Rule of Court that mandates that the PARTY deponent must
appear at the depo in person and be in the presence of the depo
officer. 333(d) states as follows: (d) [Non-party deponent's
appearance] A non-party deponent may appear at his or her
deposition by telephone, videoconference, or other remote
electronic means with court approval upon a finding of good cause
and no prejudice to any party. The deponent must be sworn in the
presence of the deposition officer or by any other means
stipulated to by the parties or ordered by the court. Any party
may be personally present at the deposition.
333(d) adds the phrase “or by any other
means stipulated to by the parties.” This could be interpreted for
a NONPARTY deponent to mean that counsel can stipulate that the
reporter can swear the deponent outside the presence of the witness.
Below is the cite for the party
deponent, and it is clear that the reporter must be in the presence
of the party deponent.
333(c) c) [Party deponent's
appearance] A party deponent must appear at his or her deposition in
person and be in the presence of the deposition officer.
Minimum Transcript Guidelines
Question:
I am slightly confused on the transcript format
requirements. I know reporters are required to use 56 characters
per line; but do you begin counting at the text or at the line
numbering?
Answer:
Quoting from the guidelines, “Left-hand margin is defined as
the first character of a line of text.” So you do not count the
line numbering.
Click here for more
Minimum Transcript Format Standards
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