What Attorneys Should Know About Court Reporting: Part 3: What Court Reporters Wish You Did During the Deposition  

 

  • Think before you speak. Court reporters are the impartial party taking the record of everything said while on record at a deposition. If you do not want it recorded DO NOT say it. If you are going to say it make sure you are in agreement to be off the record at the time. 
  • Remember: court reporters only take the record, attorneys make the record so if want it clear and concise you need to control it better.
  • Speak slowly, clearly and advise (& if necessary remind) your witness to do the same.
  • Do not speak on top of each other.
  • Do not ask a follow-up question until the original answer is concluded.
  • Be concise in your objections.
  • If you want something observed to be in the record you must state/ describe what is happening.
  • Be clear when going on and off the record.
  • When bringing in an exhibit use the exhibit number, name of document and if you have it the bates number.
  • Do not, and do not allow your witness, to mumble or use gestures.
  •  Be cognizant not to answer with uh huh or huh huh, and prep your client the same.
  • If you are reading, slow down and go at normal speaking pace which is usually slower than average reading pace. 
  • If you are marking exhibits, allow for a few second pause. The court reporter appreciates the time to mark the exhibits (have you ever tried typing and marking at the same time).
  • Provide breaks, even if not a full lunch break. A few minutes every couple of hours is appreciated and allows court reporters to rest those speedy fingers and stretch their legs.
  • Respect the reporter and please do not ask them to do anything you know is unethical.
  • Let the court reporter do their job. They were hired to be there and have a job to complete. They are proving one part of the service when you hire a court reporting agency, don’t make the day tough on them.





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