Digital reporting technology is revolutionizing the court reporting field, offering a reliable and efficient way to capture deposition, hearing, and trial testimony. Litigators today are increasingly utilizing digital reporting in their litigation practices. This innovation merits close consideration from every litigator. It is crucial to understand what a digitally reported proceeding entails and how it maintains the same level of professionalism, integrity, and quality of final deliverables as a traditional stenographically reported deposition.
The method of capture may differ—digital technology or a steno machine—but the constant is the trained, certified professional in the room ensuring an accurate, unimpeachable record.
Law practice technology is expanding at an unprecedented rate. Not a day goes by without news of a promising technology that can efficiently manage outside counsel, streamline pretrial discovery, perform legal research and draft pleadings and contracts – even predict litigation outcomes. Technologically competent counsel must, as a matter of professional ethics, keep apprised of all these developments and consider both the risks and benefits of using emerging technologies for client matters.
The Professional Is Still in the Room
A certified digital reporter is a trained professional who uses technology to capture depositions and other legal proceedings. Increasingly, in almost every jurisdiction across the country, litigators are acknowledging that it is the certified, trained professional in the proceeding that matters more than the method utilized to capture the record.
Litigators are, of course, familiar with the traditional steno machine capture method used by stenographers. But what is a digital reporter? A digital reporter is a trained (and often certified) professional who:
- goes on the record;
- is a notary public who swears in the deponent;
- marks and manages exhibits used during the deposition;
- uses sophisticated multi-channel audio recording technologies to securely capture deposition testimony, creating a primary and back-up audio recording;
- continually monitors the proceedings to ensure that the deposition is being accurately and clearly recorded;
- captures spellings and detailed annotations, including timestamped speaker designations;
- controls the proceedings to ensure soft-spoken witnesses and uncontrolled cross-talk are managed and captured;
- obtains transcript orders; and
- goes off the record.
Digital reporters share with stenographers the same professionalism and mission to capture the record accurately with integrity and impartiality. The only significant difference between a digital reporter and a stenographer is the equipment used while capturing the proceedings: digital technology versus a steno machine. With either capture method, the professional court reporter, whose objective is to produce an unimpeachable transcript for use in court, is still present, monitoring and managing the proceeding.
While it wasn’t always the case, transcripts from digitally reported proceedings now rival the accuracy of stenographically generated transcripts, especially when transcribed by legal transcription specialists. Digital reporting is currently used effectively in federal and state courts across the country.
Digital reporting should be viewed the same way as other technology innovations in the legal industry. As another tool in the litigator’s toolbox. Digital reporting is one method of capturing the record, just as stenography is another method of capturing the record. An accurate and unimpeachable record of the proceedings can be created when the familiar professional is in the room: the trained, certified court reporter.
Just as remote depositions complement, but do not replace, traditional in-person depositions, digitally reported depositions and court proceedings will complement, but not replace, stenographically reported depositions and court proceedings. Just as generative artificial intelligence leverages, but does not replace, the judgment and ability of human attorneys, digital reporters provide an additional resource that allows litigators to schedule and conduct depositions in a timely fashion amidst a nationwide shortage of traditional stenographers.
Is a Digital Reporter Right for My Next Deposition?
When considering whether to utilize a digital reporter to capture the record during a deposition, litigators should ask:
- Why is this additional method of capture needed? According to the 2025 Court Reporting Trends Report, prepared by the American Association of Electronic Reporters and Transcribers, there is a significant and growing shortage of stenographers due to a retiring workforce, fewer new professionals entering the field, and declining enrollment in stenography training programs. This shortage is acute and expected to worsen, with a 21% decline in stenographers nationally over the past decade. Seventy-six percent of end users surveyed reported difficulty in finding available stenographers, leading to delays in court schedules and legal processes. Accepting a digital reporter adds an additional coverage resource option to ensure your proceedings go forward according to your schedule, with no loss in quality of the services provided.
- Is a digitally reported deposition lawful for use in this case? Digital reporters are permissible under existing court rules in the federal courts and nearly every state court. In all instances, however, litigators will want to consult local court rules to ensure that a digitally reported deposition is permissible for all anticipated uses, whether for trial, on appeal, or merely for pretrial discovery purposes. In some cases, court permission or a stipulation from opposing counsel will ensure that a digitally reported deposition can be used for all intended purposes.
- Is a digitally reported deposition right for this case? Transcripts created from digitally reported depositions, when conducted by a certified digital court reporter, are equally as accurate as stenographically reported depositions. They can be confidently used for every type of deposition, regardless of whether the deposition is conducted remotely or in person. Importantly, digital reporters can deliver transcripts more rapidly than stenographers in markets where demand for stenographers is high. On the other hand, if realtime services are needed during the deposition, a stenographer is currently the best available choice. Digital reporters may not be right for every deposition, but they may very well be right for your next deposition.
These and other questions will enable litigators to make good decisions about when to engage a digital reporter for their next deposition. The sole difference between a stenographically reported and digitally reported deposition is the means of capture: a steno machine or digital recording technology. In either case, the professional in the room – a trained, certified reporter – will ensure the production of an accurate, unimpeachable transcript of the proceeding.
The importance of an impartial, certified professional capturing the record cannot be understated. Technology is improving every day. Digital reporting keeps case matters moving along efficiently and litigators on technology’s cutting edge.
