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Terms in this set (141)
What happens to the completed errata sheet?
It is sent to all parties.
Is BAM ever the official transcript?
How long must the hiring attorney hold the transcript for after the settlement of the case?
Is a rough draft extra if the party has already ordered a copy?
When must you have a rough draft transcript turned in to a party who requested it?
There is no time limit, but sooner is better. (8-10 days usually)
What is a third party?
Someone not involved in the case.
What procedures should you follow if a third party is requesting a transcript?
1. notify all parties that the transcript is being sought after
2. they have a right to say no
3. if the party chooses to get a protective order, they must file it within 30 days to the deposition officer
What is litigation support?
Realtime, BAM, rough draft
Do you transcribe the sealed proceedings? What should it be marked as?
Yes, but must remain separate. Sealed. It needs to be labeled and separate.
Can a witness seek a protective order?
If a depo is set by stipulation, do you still need to ask for the caption at the front desk?
Yes. Always. Even if no one shows.
Should you pay your dues on your license even if it's suspended?
Independent medical exam
Agreed medical exam
qualified medical exam
Do you have to have a license to take an IME, AME, or QME?
Sworn statement. A written statement confirmed by oath or affirmation, for use as evidence in court.
The three ways a deposition can be arranged:
Notice, Stipulation, or Subpeona
What does the videographer do at the beginning of the deposition?
Opening statement: will state who he is, the address they are at, and has attorneys introduce themselves
Who can swear in a witness?
Any officer of the court.
What is the Martindale Hubble?
Directory of attorneys
Affidavit re non appearance
Transcript you prepare when the deposition does not move forward due to a nonappearance/s. An affidavit re non appearance is not automatically created. You must ask the attorney if he wants one and then you can go on the record and he can make his statements.
Does an original exhibit, whether copy or not, need to be stamped by you?
What's the difference between an affidavit and a sworn statement?
Affidavits are signed in front of a notary public and sworn statements are just signed by the author.
Is every party to the case entitled to sealed copies?
What is a jurat?
What does COPE stand for?
Code of Professional Ethics
When is it allowed to go off the record?
When ALL parties stipulate or when a protective order is sought
One after the other or at the same time.
The max gift giving amount is a gift in worth of how much?
How much time does the deponent have to read and sign the transcript?
How long is a completed transcript held onto for by the reporter? What code section would you find this under?
How long does a reporter hold onto a HOLD transcript for? What code section would you find this under?
When a deponent waives his/her signature, what is deemed as and where is it sent?
'Accurate as is' and sent to the hiring attorney
By code, where does the transcript stay and for how long for the deponent to read and sign the transcript?
In the reporter's office for 30 days
Can a licensee have their license suspended if they do not pay their taxes or child support?
In a telephone depo, where must the witness be when sworn in? There is one exception to this:
In the presence of the reporter.
A notary may swear in the witness if the witness is not in the presence of the reporter.
What five things must be on the cert(jurat) page?
1. Your name and CSR no.
2. Witness placed under oath
3. Taken stenographically
4. True and correct
5. Not interested
What does BAM stand for?
Backup audio media
Is any party entitled to your BAM?
If you do give a party your BAM, should you give them the copy or the original?
A copy. Never give them an original unless ordered by the court
Do you need to save your BAM?
Yes. No less than one year.(if given out?)
If someone files a court order to get your BAM, what should you do?
Do not delete your BAM for that case.
If you offer one party anything, what must you do?
Offer it to the rest of the parties immediately.
If any portion of a transcript is confidential or sealed, your BAM that goes with that portion needs to be what?
Labeled as confidential or sealed as well.
What two reasons should you use timestamping?
1. If a party requests it
2. If it is a videotaped deposition
When a videographer is taping a deposition, what must you make sure that you do?
Sync your time with theirs
What's a dirty ASCII?
An electronic rough draft
What does ASCII stand for?
American Standard Code for Information Interchange
Does the MTFS code apply to a rough draft?
Things to include/not include in a rough draft:
1. Header or Footer on every page stating "Rough Draft Only. Not Per Code"
2. No Cert, Cover, Appearances, Index, etc. no signature
3. Don't have to take steno out
4. Must offer to all parties
If a gift is worth less than ___, it does not count towards your annual maximum gift giving to a client.
If there is a conflict of interest when arriving at a deposition, (family member is deponent, friend is an attorney, anything) what must you do?
Announce it to all parties.
If you're not feeling well, announce that you are not competent to who?
Is a third party ever entitled to a transcript?
When sending notes and transcript to your agency electronically, what must you make sure that you save?
Can someone besides the reporter who took the deposition certify the transcript?
If you lose your license, what is the fee to get a new one?
Under which code would you find information for worker's compensation cases?
Where do you mark an exhibit?
Lower right-hand corner.
What is a stipulation?
With depositions, stipulations happen at the end of the depo to determine what happens with the transcript.
What is a protective order?
A court order instructing a person to desist from abusing or harassing the petitioner (usually a related person) for a fixed period.
What does E & O stand for and what is it ?
Errors and omissions. It's liability insurance.
In a video depo, when do you swear in the witness?
When the videographer tells you to.
What does CART stand for?
Communication Access Realtime Translation
When does the reporter go on the record?
When either party wants to.
Opposing counsel to the hiring attorney requests a transcript from you without telling the hiring attorney. The hiring attorney want this to be a Hold transcript. Do you prepare a transcript for opposing counsel?
No. If someone requests a transcript, you must tell all parties, even if they don't tell everyone.
How much is a Hold transcript worth?
1/3 of what you would get for preparing it.
If acts are done in a telephone depo, is it your job to put blurbs in the record of what's going on so that all parties know what's going on in the room?
No. Your job is to preserve the spoken word on the record and not to function as a factual witness.
Can you prepare a deposition summary for an attorney?
Can you hold a transcript hostage if you feel like it?
Can you authorize people to sign your transcript for you?
What comes after Direct and Cross-examination in a deposition?
Further Direct exmination, further cross examination. No redirect or recross.
May a party request a rough draft if they have not ordered a transcript?
Definition of deposition
Written declaration under oath in Q and A form made upon notice to the adverse party for discovery.
Written questions to be answered by the party upon whom the interrogatories are served.
Definition of discovery
interrogatories, interview witnesses, take depositions
Not a party to the action
What information should be on a notice?
1. Address where it will be held, date, and time
2. Name of each deponent and their address and phone number, any deponent who is not a party to the action
3. Materials to be produced by deponent
4. What they need from you and if there will be a videographer
5. reserving right to use video or recording at trial of a doctor or expert witness
At what age is a child of questionable competency to receive an oath? May the child younger than this testify?
6 to 9 years
Can you read back your BAM instead of your notes?
If a CSR or reporting firm offers BAM as a value-added service, all parties should be advised prior to the start of the proceeding. T/F?
Examination Before Trial aka deposition
Person most knowledgable
Custodian of records.
Someone employed by a company that keeps all records and brings documents to the depo.
Insurance companies that get agencies and don't pay well to the CR
Where should you sit in a deposition?
Closest to the witness and deposing attorney.
Registered professional reporter
Must be member of the NCRA to be a:
RPR, RMR, RDR
What's the most common use for a deposition?
To impeach the credibility of the witness before trial.
Turn-around time for transcripts for depositions is generally how long?
10 working days (2 weeks), but it varies.
The sequence of a deposition from start to finsish
1. Cover sheet
2. Appearance page
5. Witness' signature page
6. Your signature page
What is the caption?
Do you put the videographer in the appearances page?
Yes. Just his name.
Is discovery when the interrogatories will be asked?
In worker's comp, who is filing the complaint?
In court, who administers the oath?
Can you swear in multiple people at once?
Every person who is in the deposition must be put on what in your transcript?
The appearance page.
What is a remote deposition?
Deposition by skype or phone
What is a parentheitical?
Non-spoken activities in the room
What is a volume?
Indicates a new day in the preceding
What info goes on the cover page?
1. Case title and #
2. Deponent's name
3. Address, Date, Time
4. Your name and CSR #
6. Pursuant to notice, stipulation or subpeona
What information goes on the appearance page?
Their Phone number
What appears on the index page?
2. Examined by
3. Exhibits (designation, description, page number)
4. Information Requested (page, line)
5. Instructions for witness not to answer (page, line)
Under what section would you find Juvenile Cases?
Do you have to swear the witness in every day?
Site the witness means?
Is taking the witness to court to answer the question.
5 days before court. 60 days after deposition
compel the answer means? (related to site the witness)
motion to be made no more than 60 days after the completion of the record
laying a foundation
legal foundation to compel a witness to answer a question
reembursment for waste of time
Under what code section would you find information regarding the CRB?
Business and Professions
Under what code section would you find information regarding the TRF?
Business and Professions
Under what code section would you find information regarding MTFS?
Code of Regulations
Under what code section would you find information regarding your CSR exam?
Code of Regulations
What's on the caption>
Case #, title, court/district where case is filed
What's a staff reporter?
A reporter who works for one agency
If the deponent waives the signature, where does the transcript automatically go once it's completed?
The hiring attorney
Can a stipulation be made to send the transcript to the witness instead of being kept in the reporter's office to be signed?>
Sealed and confidential testimony must be marked and sealed separately.
How many days does the judge need to have the deposition before the court date?
What's a meet and confer declaration?
Off the record discussion away from the deposition to resolve an issue so it doesn't have to be taken to court in a motion
What's a manuscript?
What's a concordance?
An index for every word that appeared in the transcript
If the attorney does not want an affidavit re non appearance, what will you produce instead?
An appearance sheet
If there's no room for exhibit sticker on bottom right, where should you put your sticker?
For a photograph, where should you put the exhibit sticker?
On the back
What's a Bates stamp?
Stamp done by someone else
Can exhibits be received into evidence in a deposition?
No. only marked for identification
What info goes on exhibit stamp?
1. Letter or number
2. Witness's last name
3. Plaintiff or defense
5. Your initials
Worker's comp hiring attorney gets how many transcripts? Why?
Original+2. Applicant attorney gets a free copy defense firm pays for
How much is your delinquency fee for license renewal
half of $125. 62.50
If your application of license number is denied, you have a right to apply for a hearing within how many days?
You have a right to have a hearing how many days thereafter your request for a hearing?
Three ways to get to the CSR:
1. One year experience
3. Cert from NCRA demonstrating proficiency
In a federal case, can instruct the witness not to answer to preserve a priviledge. T/F?
Temporary restraining order
TRF is maintained at no less than how much money per fiscal year?
CRB says its ok to go off the record:
Some common reasons include:
• All parties agree (pursuant to CCP 2025.470)
• Someone states he/she is going to move for a
protective order (pursuant to CCP 2025.420)
• Marking exhibits
• Steno machine malfunction
• Personal safety (physical fight between parties)
• Deal with noise (outside distractions)
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