Process Servers

Court Reporting Basics: What Does a Court Reporter DO?

What Does a Court Reporter Do: Hands on a stenographWhat is the purpose of court reporters?

In basic terminology, the main task of a court reporter is to capture every spoken word during a proceeding and to identify who spoke the words. In decades past, this was done by a court reporter using shorthand — a method of fast writing where symbols are substituted for words and sounds. For the last 100 years or so, the stenotype machine has been used — which is a machine-based method of fast writing where keys make marks representing words, partial words, and sounds. There are, of course, ongoing efforts and evolving technology that may change how court reporting is done. So far, these mostly involve computer and software innovations.

Generally, the result of court reporting is a transcript of the words spoken at the proceeding — mostly now delivered in e-format of some sort. However, for court proceedings and for trials, in particular, there is still a demand for the nearly immediate ability to “read back” portions of the transcript while the proceedings are ongoing. This is possible with truly excellent court reporters with great experience.

When are court reporters needed?

In general, court reporters are needed in any proceeding where a record is needed or desired. Mostly, courts do not provide a court reporter or any ability to provide a transcript. In this regard, the major exception is federal court proceedings. Federal courts supply transcriptions of hearing, whereas most State courts do not. Court reporting is also allowed and used in some arbitration proceedings.

The other main task of court reporters involves litigation discovery. In particular, assistance with oral discovery pursuant to State and federal rules with respect to discovery and evidence depositions. In depositions, the court reporter’s job is, again, to capture every spoken word and, at some point, provide a transcript of the questions and the answers. Even if the deposition is being video-recorded, mostly, a court reporter is still engaged in the process of steno-typing. This is because, during a deposition, there is still the potential need for a real-time “read back” of some small portion of the transcript.

Do Court Reporters mark exhibits?

In some jurisdictions, another valuable service provided by a court reporter is marking and keeping track of documentary exhibits used with the witness. Exhibits are marked in various ways, usually with stickers, with hand-written notations, or in some other manner. Often, the court reporter is asked to keep the originals for inclusion/binding with the deposition transcript. This can be very helpful for lawyers since even the most organized attorneys might occasionally lose track of the exhibit numbers. This is very true when the number of exhibits is high, and both sets of counsel are using exhibits. Note that in some trial settings where no court reporting is provided by the court, the court reporter can be asked to keep track of trial exhibits. However, often, the trial judge will ask the court’s clerk to handle that task.

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.

How Does a Court Reporter Certify a Transcript?

What is a certified transcript?

When a court reporter prepares a written transcript of a hearing or an oral deposition, the transcript is certified by the court reporter. A transcript certification is a written statement or certification, typically appended to the back of the transcript, wherein the court reporter attests that the transcript represents a true and accurate transcription of the oral statements made at the hearing or deposition.

What is the purpose of certification?

Among other things, the purpose of court reporting is to accurately and completely capture the words spoken at a hearing or deposition and then reduce those words to a transcript. A Certification of a transcript is a method by which the court reporter, often called a stenographer, states that they have honored the obligation to capture the words spoken and to reduce those words to a transcript. A transcript certification also contains other statements required by the laws of various States.

In terms of accuracy, a sample certification might read as follows:

“IT IS FURTHER CERTIFIED; that this testimony was reported by me in the stenotype reporting method; was prepared and transcribed by me or under my personal direction and supervision; and is a true, correct, and complete transcription to the best of my ability and understanding.”

In terms of other matters required by law, a couple of sample certification statements might read like these:

“IT IS FURTHER CERTIFIED that I have no actual knowledge of a prohibited employment or contractual relationship, director or indirect, between myself and/or my court reporting firm and any party to this litigation matter, or with any counsel for the parties herein.

IT IS FURTHER CERTIFIED that I am not of counsel, not related by family or otherwise to counsel or to the parties herein, nor am I otherwise interested in the outcome of this matter.”

Under the laws of most states, to be eligible to offer court reporting services in any given case or proceeding, the court reporters must be disinterested in the matter. That means having no contractual or monetary interest in the matter (other than receiving payment for court reporting and transcription services) nor a personal or family relationship with any of the parties or their lawyers. Thus, the purpose of the partial Certification written above is to certify the court reporter’s disinterestedness.

Another common component of a court reporter’s certification is a statement that the transcript has been prepared according to standards promulgated by the state and by Court Reporting Licensing Boards.

What does a transcript certify?

To summarize, then, a court reporting transcript certification will generally certify the following:

  • That the transcription is true, accurate, and complete;
  • The hearing was reported through stenographic, short-hand, or other methods;
  • That the transcription was transcribed by the court reporter or under their supervision;
  • That the transcript complies with state and private court reporting standards;
  • That the court reporter has no interest in the matter, financially, contractually, or by family relationship;
  • Other matters depending on state and local court reporting Rules.

 

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 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.

 

Remote Court Reporter

Court Reporter Shortage Forcing Creativity, Increasing Risk of Issues

Legal practitioners across the country can agree that there is a court reporter shortage in the industry. This was an issue before the onset of the global COVID-19 pandemic; the industry had a shortfall of reporters available compared to the demand for services in courtrooms and depositions. As a result, courts and attorneys have had to use creative methods to document and record proceedings and depositions for litigation matters. A majority of the feedback regarding digital and voice reporting as well as remote court reporting has been positive. That being said, many lawyers and courtrooms have experienced serious errors in reporting and recording of proceedings raising issues of both reliability and admissibility.

Nationwide Issue

Becoming a court reporter is no small feat. According to a study conducted by the National Court Reporters Association (NCRA), the decline in court reporters began in at least 2014 and is mostly due to two factors — experienced court reporters retiring from the industry and not enough new court reporters entering the industry. According to the NCRA report, on average, only 200 new court reporters enter the industry each year for every 1,120 who are retiring. The report predicted that the total number of qualified stenographers in the country will reduce by at least 50% by 2028 when compared to the number in 2014.

Court reporting requires training and education, including licensing. A decline in the enrollment of students at court-reporting schools makes it difficult to produce new graduates ready to enter the industry. Research shows that less than 10% of those who start certified stenographer court reporting schools graduate from the program.

Remote Court Reporters

Remote court reporting has significantly helped fill the holes where coverage was needed and no in-person stenographer was available. Performing court reporting services remotely helps stenographers provide much-needed services without traveling long distances, and the reporter can be in the same room as the parties. Some states’ laws, however, made remote court reporting difficult. California, for example, passed legislation in 2019 preventing courts from utilizing remote court reporters to memorialize court records and prohibited the use of state money to buy remote court reporting equipment.

Once the COVID-19 pandemic ensued, courts and attorneys alike were forced to pivot and allow remote court reporting to move litigation cases (particularly criminal ones) along. There are advantages to remote court reporting, namely–an increase in the pool of available reporters for proceedings and lowered overall costs because of travel and accommodation savings. Advocates state that these benefits outweigh the negative issues that arise with remote court reporting services, including its failure to provide full and open access to the general public and the difficulties found in reading body language via video.

Court Reporting Services

The skilled team at Elizabeth Gallo Court Reporting can help provide you with the litigation support you need–whether in person or remotely. Our reporters pride themselves in providing accurate and timely reporting to courts and attorneys alike. Contact us today. If you need international litigation support, contact Ancillary Legal today. Our team has significant experience and can support all your domestic and international litigation needs.