[author: Lisa DiMonte]

Whether taking a deposition in person or remotely, having a clear record is essential for use at trial, possible settlement and/or impeachment. We’ve polled hundreds of court reporters with thousands of reporting hours under their belts and compiled their top tips for creating a clear record.

DO:

• Introduce yourself to the court reporter, present your card and indicate which party you represent.
• Always ask the witness to state and spell his/her full name so the record accurately reflects the correct spelling.
• Remind the witness to speak loudly and clearly so that the court reporter can hear and understand every word.
• Ask the witness to allow you to finish your question before answering because the court reporter can capture only one person speaking at a time. This will eliminate a transcript filled with dashes which may cause confusion later.
• Remind the witness to give a verbal response as the court reporter can capture only verbal responses. Nods or shakes of the head cannot be captured, and, similarly, it is often difficult to understand the meaning of ‘uh-huh’ and ‘unh-unh.’
• Restate in words when the witness gestures in any way, e.g., “For the record, the witness is indicating about three feet.”
• Indicate when quoted material begins and ends and provide the court reporter with a copy of any documents that are read into the record.
• Ask the witness (or the interpreter if one is present) to sit next to the court reporter to ensure he/she can both see and hear the witness/interpreter (for in-person depositions).
• Allow the court reporter to mark and keep track of the exhibits, which will ensure consistent and sequential numbering.
• Wait until the reporter completely marks the exhibit before asking your next question.
• Clearly state when going off or back on the record. In accordance with the reporter’s Code of Professional Ethics, all parties must consent to go off the record. If one party objects to going off the record, the reporter is obligated to stay on the record.
• For telephone depositions, state your name before speaking so that you are properly identified in the transcript.
• Consider retaining the services of an interpreter if the witness’ English is poor or if he/she has a heavy accent. This will avoid unpleasant surprises at trial.
• Take a short break every 1.5 hours and at least 30 minutes for lunch.

DON’T:

• Avoid asking the court reporter for his/her opinion of the witness or the testimony. Court reporters are Officers of the Court and must remain impartial at all times.
• Refrain from rustling papers, clicking pens, etc., as microphones are very sensitive. As such, they can also pick up quiet whispers or communication between you and your client.
• Don’t share your copy of the transcript with other counsel unless you represent the same party because the court reporter earns his/her living by selling deposition transcripts.

Remember, you and the court reporter have the same goal: to create a readable and useful transcript, and you both can make that happen by working together.