Certified Georgia Court Reporters

Do I Need Court Reporting for a Georgia Arbitration?

Many lawyers find great value in having a court reporter transcribing arbitration proceedings.

Legal and business reasons for using a court reporter in an arbitration

 

The answer is a bit complicated. Many lawyers find great value in having a court reporter transcribing arbitration proceedings. This can be particularly valuable if the arbitration proceedings are spread out over non-consecutive days. During those intervals, the lawyers (and their clients) have time to review the transcripts of the previous hearing. This can help identify tactical course corrections that should be made, confusion that must be cleared up, matters that need additional follow-up, etc. An arbitration transcript is even valuable at the granular level if the transcript contains what you know to be an error. Maybe the court reporter misheard what was said. Maybe the Arbitrator or the Panel misheard it too! Something like that must be clarified on the next hearing day.

Arbitration transcripts can also be helpful in preparing witnesses that have not yet given testimony and can even be useful for experts to review. There may even be some possible impeachment value to having transcripts if a witness gives testimony on multiple days. Transcripts are also immensely helpful in preparing closing and summary statements at the end of testimony/evidence.

If the respective parties have been engaged in multiple cases (or expect to be), then arbitration transcripts will be useful in those other cases. Whether such transcripts are admissible in those other cases does not factor into their usefulness for preparing your case, knowing what to ask for in discovery, gleaning the opposing party’s litigation strategies, etc.

Finally, having arbitration transcripts is extremely useful if you plan any sort of appeal. Appeals from arbitration awards are rare and successful appeals are even rarer. But, having transcripts will certainly enhance any chance of winning an appeal.

Aside from these legal reasons to have arbitration transcripts, having transcripts may provide business and practical future value to the client. First, the parties may dispute what was decided at the arbitration. Transcripts will end that dispute. Second, parties can use the transcripts to show what was said about some issue of importance that is in dispute or under discussion.

Other considerations for using a court reporter in an arbitration

 

Having said all of the above, there are some other considerations. The first is whether you are allowed to have a court reporter at your arbitration. Some arbitration agreements have provisions banning court reporting as a method of maintaining confidentiality. This is also true for some arbitration services. Likewise, even if permitted, some individual arbitrators either bar court reporters entirely or express their displeasure that a party seeks to have the proceedings transcribed. Finally, court reporting is not without cost, and some clients want to keep costs down. As with many things, the question is: Do the costs outweigh the potential benefits? So, these are some of the other considerations that must be evaluated when deciding whether you need a court reporter at your next Georgia arbitration.

Contact Elizabeth Gallo Court Reporting Today


For more information, call the experienced court reporters at Elizabeth Gallo Court Reporting. We follow the best practices in order to provide excellent litigation support to our customers. Contact us today to learn about our services and how we can help you.

Which Type of Court Reporting Do I Need?

There are several types — methods — of court reporting. Which type you need depends on several factors. Probably the two key factors are the nature of the proceeding involved and the use to which the transcript/video will be put. For example, you may need a court reporter for a judicial hearing. Under such circumstances, a video recording may be prohibited by local rules and/or the court’s preferences and may be unwieldy in practice. As another example, you may need to have a real-time transcript that can be quickly “read back” during the proceedings. Under those circumstances, you need a court reporting method that creates an ongoing live transcript. Not all methods of court reporting are designed to produce an ongoing live transcript.

Other factors that impact the decision about which type of court reporting is best include:

  • The ease of retrieval
  • Ease of use for the lawyers involved
  • Ease of presentation to judges, arbitrators, jurors, and others
  • Court rules and rules of other types of proceedings
  • Need for a written transcript and when is the written transcript needed
  • Planned storage method
  • Expected length of storage
  • Cost
  • Client preferences
  • And other factors

Often, more than one type of transcript is desired, and those choices have to be made in advance. For example, if you think you will need a video transcript, that decision must be made in advance since a written transcript cannot be converted into a video transcript. If there is a need for a visual presentation of a written transcript, then persons must be chosen to read the transcript, and this has obvious disadvantages. By contrast, a video can be translated into a written transcript.

In terms of output, written and visual are the two options. However, as noted, there are several options with respect to how the testimony/proceedings are recorded. These include:

  • Video recording — with various types of video recording devices; typically, a written transcript is generated after the fact from the recording; generally automatically created when virtual or remote testimony or proceedings are involved
  • Stenography — the most common method of court reporting, the best process for creating an ongoing live transcript that can be “read back” if needed during the proceedings; the process involves a court reporter using a steno machine to record the proceedings in real-time; the steno keystrokes can be read by the stenographer; later, keystrokes can be converted into text transcript often with the use of a computer; generally, a voice recording device is also used for quality control and accuracy
  • Voice recording — has become somewhat uncommon; no steno machine is used; the voice recording is converted to readable text after-the-fact; various types of audio recording equipment are used
  • Computer voice writing — use of computer speech recognition software to convert audio into text in real-time

 Contact Elizabeth Gallo Court Reporting Today

 For more information, call the experienced court reporters at Elizabeth Gallo Court Reporting. We follow the best practices in order to provide excellent litigation support to our customers. Contact us today to learn about our services and how we can help you.

Stenographic annotations court reporting

 

Some Pros and Cons of Video Depositions

It is not quite standard practice, but video depositions are becoming increasingly common even if the lawyers involved do not expect to use the video at trial. Of course, there are times when a video deposition is needed, such as when a witness is infirm, might be close to death, is overseas, or will be unavailable for live testimony at trial. These circumstances will, by rule, be designated as evidence depositions and will be taken pursuant to those rules.

Other than evidence depositions, when considering Noticing a discovery deposition via video, there are some advantages and disadvantages to consider. Note that cost is not too much of a factor since having a deposition videotaped does not increase the cost substantially. Further, a written transcript is almost always needed, so a video discovery deposition does not necessarily save the costs of transcription.

The disadvantages involve a number of issues. First, setup and arrangement can be more complicated. This involves questions of an appropriate visual setting. These include an appropriate chair and proper background for the witness, correct and effective lighting, placement of counsel, framing, and other visual factors. Second, witness preparation can require extra resources for the attorneys presenting the witness. In effect, the preparation is more akin to preparing a witness for trial. This includes requiring the deponent to wear formal clothing, accessories, hair, and makeup with an “eye” toward how the video would appear to a judge or jury. Preparing the witness with respect to body language and other visual clues is also important.

Third, the same preparation is needed for the lawyers who will be present in the video (or, alternatively, it should be agreed that only the witness will appear on camera). Fourth, lawyer preparation is needed to enhance question “flow.” In a non-video deposition, if a lawyer takes 10 seconds to think of the proper follow-up question, that 10 seconds does not appear in the written transcript. In a video deposition, however, that time gap can be jarring and would potentially require some editing if the video were presented to a jury.

Those disadvantages being listed, there are a great number of advantages to video depositions. These include:

  • Taking the visual “measure” of a witness — lawyers know that some witnesses present better than others in a courtroom; issues like posture, mannerisms, visual clues of truthfulness, etc.; video depositions can capture those visual measures;
  • Visual measures are available for lawyers new to the case — it is not uncommon for one set of lawyers to “work up” a case and, later, for a set of trial lawyers to take over; video depositions allow new lawyers of the case to make their own assessments of the witnesses; further, that measure is preserved even if the trial occurs years later;
  • If used at trial, a video deposition is more useful to a jury than having a written deposition read to them (and more interesting) — the jury can see the visual clues that help their judgment with respect to credibility;
  • Video tends to help keep witnesses and counsel well-behaved during the deposition — lawyers tend to fight less on camera;
  • Conversely, the video shows “bad” behavior in a deposition — such as anger and bullying tones — in a way that cannot be shown on paper;
  • Video depositions tend to be quicker — this is partly because the lawyers involved tend to be more prepared and tend to do less “fishing”.

 

Contact Elizabeth Gallo Court Reporting Today

 For more information, call the experienced court reporters at Elizabeth Gallo Court Reporting. We follow the best practices in order to provide excellent litigation support to our customers. Contact us today to learn about our services and how we can help you.

Videography camera on tripod

 

Stenographic Court Reporters: What is the Difference?

A court reporter knows that capturing and preserving dialogue in an accurate and precise way is critical, whether the recording occurs in a courtroom, in an environment needing captioning, or during a deposition. The National Court Reporters Association (NCRA) is the nation’s leading organization that represents captioners, legal videographers, and court reporters. The NCRA has the important duty to raise awareness in the public eye that court reporters and captioners are the “gold standard” when it comes to producing an accurate record of verbal dialogue.

Why Accuracy Matters

Whether a courtroom hearing or an out-of-court proceeding, an accurate record of what is spoken regarding a legal matter ensures that the judge (or jury) has access to this information. Many times in legal matters, having a solid basis and understanding of what occurred prior to arriving at that particular phase in a case is critical to making a sound decision. This need for an accurate record is critical at the trial, district, and appellate levels of both criminal and civil cases.

When attorneys are preparing their case and evaluating whether to settle or go to trial, depositions and other verbal testimony memorialized in writing are crucial for this analysis. All the parties must have an accurate record of what was said. In an environment that calls for closed captioning, an accurate record of what is said is important so that all of those participating in the event have full access to the presentation and its dialogue. Captioning is particularly critical when used during emergency situations. These events and proceedings are recorded by a live stenographic reporter to accurately capture the dialogue and convert it to written text for later use or public display.

Cheaper is Not Better

There are cheaper alternatives to a live stenographer when it comes to getting a record of the spoken word. Oftentimes, however, these other methods fall short when it comes to accurately capturing and precisely preserving the record. There are significant differences between a qualified stenographic court reporter and other methods of recording events and proceedings. Specifically, a qualified stenographic court reporter must:

  • Undergo years of specialized training, which includes classes on topics such as procedures covering court proceedings, depositions, and live captioning; English language; as well as legal and medical terminology;
  • Produce concurrent records of proceedings and events, from start to finish, with multiple backup copies;
  • Abide by court rules, professional code of ethics, and laws, including maintaining control of the chain of custody of the record produced;
  • Be able to differentiate between “on the record” and “off the record” discussions and accurately transcribe the information;
  • Successfully create a speech-to-text real-time transcription of dialogue, sometimes with multiple speakers, and provide readable transcription immediately;
  • Be able to provide instant readbacks of the record, rough drafts of the transcription, as well as expedited or same-day certified transcripts of the record;
  • Obtain advanced certifications, complete continuing education credits, and remain current on the industry’s best practices, latest technology, and standards.

Contact Us Today

Alternative methods to a live stenographic reporter can come with complications. To ensure accurate and quick record transcription, contact Elizabeth Gallo Court Reporting today. Our team will make sure you have the highest quality record so that you can move your case forward with confidence.

 

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