| by Heather Duncan, Esq.
Network Deposition Services, Inc., is pleased to bring you Deposition Tips and Techniques designed to assist you in your quest to become a true deposition connoisseur.
Our first post comes to you courtesy of court reporter Jane Bramblett, CSR No. 7574, RPR, CLR, CCRR.
A FEW THINGS COURT REPORTERS WOULD LIKE ATTORNEYS TO KEEP IN MIND DURING A DEPOSITION:
On occasion, we have been asked to go home by one of the attorneys at a deposition and are told the deposition is over and nothing more should be put on the record. We are required by CCP 2025.470 to continue writing unless another counsel decides to seek a protective order. Once it is determined that a protective order is being sought, the reporter must stop writing. This is the only occasion that a reporter is allowed to stop making a record unless all counsel agree.
Perhaps the most frequent request reporters get from attorneys is to give their opinion of a witness's demeanor or credibility or the reporter's opinion of other counsel in the deposition. As officers of the court, we are mandated by code to maintain our impartiality. It is not in any way appropriate for us to comment on the witness's testimony or the conduct of other counsel in the proceedings (See CCP 2025.320(c)).
In videotaped depositions, many times counsel and their client will confer while we are "on the record." Although they are whispering to each other, counsel has forgotten that the witness and counsel are both wearing microphones. If I can hear the conversation, I must write it because it will also be on the videotape, which can be used in court proceedings. This could potentially be problematic for a party at some point in the future.