uses deposition testimony trials

On the Uses of Deposition Testimony During Phoenix Trials

While it may not be the most well-known or exciting part of a given legal trial, and you might not see it on your favorite legal TV show, the use of deposition testimony within many trials is extremely important. There are a number of reasons it might be used, plus several different ways attorneys may go about utilizing deposition testimony to help further the case of their clients.

At Phoenix Deposition Services, we happily provide court reporter services for depositions of all types across Phoenix, including both live and remote deposition transcription options. What are some of the basic rules for how deposition testimony can be used in trials, why is such use often valuable, and what are some ways this testimony is often used by attorneys? Here’s a basic rundown.

General Rules

While specific rules for use of deposition testimony within a trial will vary between states, a general theme emerges in nearly every state in the US: Using depositions is generally accepted — as long as there are good reasons for it.

It’s true that most courts absolutely prefer the use of live witnesses whenever possible, and this should be your first priority for any situation where this is possible. However, as we’ll go over later in this blog, there are a number of situations or circumstances where a deposition might be the only possible way to get a given piece of testimony into evidence. If this is the case, and you follow general best practices for doing so, then you’ll likely have little trouble getting your deposition accepted as evidence.

There are also some general rules that will almost always apply whenever you’re looking to use deposition testimony in place. For instance, every state will require that you give reasonable notice to both the court and all other attorneys involved that you’re looking to use deposition testimony, as well as what parts of the deposition you’re looking to introduce. Again, these rules will vary somewhat from state to state, though most of the main ones are similar across the board.

Use of Both Party’s Depositions

In cases where deposition testimony will be used, it should be noted that each attorney in the case has the right to use any part of the deposition testimony given by their opponent. This is generally speaking, of course; there may be some minor exceptions in cases where a piece of evidence is particularly sensitive or damning, and an attorney can make a motion to keep that part of the deposition from being used.

In most cases, however, all attorneys will be able to use any deposition testimony given by the other party, so long as it is properly entered into evidence. This can obviously cut both ways; if your opponent gives a great deal of useful testimony during their deposition, you’ll be able to use that to help your case, but they’ll also be able to do the same to you.

Our next several sections will dig into some of the primary reasons for deposition testimony being used, plus how attorneys will use said testimony in these situations.

Testimony of Absent Witnesses

The most common reason for using deposition testimony during a trial is when the witness in question is not able to be present for the trial itself. This can happen for a variety of reasons, most commonly due to scheduling conflicts or because the witness in question lives too far away to reasonably make it to court (the rule here is usually 100 miles from the location where the trial is happening). In addition, there may be some cases where subpoena failed to produce the witness’s attendance, or where things like age, infirmity or imprisonment caused them to not be able to appear.

Assuming that you have given reasonable notice that you plan to use deposition testimony in these cases (again, rules will vary from state to state), then you’ll likely have little trouble using deposition testimony of an absent witness. It’s important to note that this does not mean the trial will automatically become a “paper trial;” attorneys on both sides will still be able to cross-examine the other side’s witnesses, and the jury will still be able to observe both the attorneys and the witnesses while they’re giving testimony.

Opportunities for Impeachment

In other cases, a primary use of deposition testimony will be to impeach a witness who is testifying live during the trial itself. This can happen for a number of reasons; perhaps the witness lied during their deposition, or maybe they’ve simply changed their story since then.

In any case, if you’re able to get prior inconsistent statements admitted as impeachment evidence, it can do a great deal to damage the credibility of a witness, and by extension, the case being put forth by the attorney who called them.

Of course, this isn’t always as easy as it sounds; prior inconsistent statements are notoriously difficult to get admitted into evidence, and even if you’re successful, there’s no guarantee that the jury will actually find them persuasive. However, if the evidence is there, this may be a use of deposition testimony.

Expert or Other Testimony from Prior Proceedings

There are also a few other, more specific situations where deposition testimony may be used. One example would be if an expert witness testifies during a trial, and their expert report is not going to be made available to the other side until after the fact.

In these cases, the attorneys may agree that they will simply use the deposition testimony of the expert in lieu of live testimony, so long as both sides are given an opportunity to cross-examine the expert. This can save a great deal of time, since it eliminates the need to have the expert fly in and testify twice (once during the deposition and once during the trial).

Similarly, there may be other types of testimony where using deposition testimony is more efficient than having the witness testify live. For example, if a key piece of evidence is a document that needs to be authenticated, it may make more sense to simply have the person who prepared the document testify during their deposition, rather than fly them in to do so again during the trial.

In these cases, it’s important to remember that the deposition testimony will be subject to the same rules of evidence as any other type of testimony; if the other side objects, you’ll need to lay a foundation for the admission of the testimony just as you would with any other piece of evidence.

For more on the ways deposition testimony will often be used during trials, or to learn about any of our Phoenix court reporters and the deposition services we offer, speak to our team at Phoenix Deposition Services today.

swearing witnesses remote depositions

Swearing in Witnesses During Remote Depositions

There are a few important parts of the process that will be involved in any kind of deposition, and the swearing in of witnesses is a great example. And while most are well aware of how the basic swearing-in process will work for in-person depositions, what about remote or video depositions where the proceedings are being carried out virtually?

At Phoenix Deposition Services, it’s our pleasure to provide a wide range of quality court reporter services for various depositions and hearings, including video conferencing and several related remote options for those who are proceeding in this manner. There are a few important themes to be considering if you’re an attorney involved in a remote deposition, and knowing how the swearing-in process will take place could be among them. Here are some basic concepts and procedures to keep in mind for such situations.

Why Swearing In Witnesses Matters

Why is it important for witnesses to be sworn in? Some may simply answer this question with, “Because it’s the law,” but there’s more to it than that. In order for testimony to be admissible in court, the witness needs to be under oath. This is done in order to ensure that the information being given is truthful and not fabricated or exaggerated in any way.

When a witness is sworn in during a deposition, they are essentially promising to tell the truth under penalty of perjury. This means that if they are caught lying, they could be subject to criminal charges. The oath is taken seriously, and witnesses will usually be reminded of this before they begin their testimony.

During the resulting deposition, every word said by a witness will be carefully transcribed by professionals like our Phoenix court reporters. If there are any discrepancies or concerns later on, the exact testimony can be looked back at and referenced as needed.

Our next few sections will look at how swearing-in works for remote depositions, and what must be done to ensure this process is carried out legally.

Recording Method and Noticing Obligations

When it comes to remote hearings and their contents, there are a few “noticing obligations” that court reporters and other professionals will need to be aware of. In basic terms, this means that everyone involved must be given proper notice of the hearing and its recording method at least 24 hours in advance.

This is a pretty straightforward concept when it comes to video depositions, as all participants will simply be told to log into the conference at the appropriate time and date. The process is a bit more complicated for those who are using telephone depositions, as the court reporter will need to set up a 3-way call with all participants.

Noticing obligations also apply to Skype and FaceTime depositions, although the specifics may vary depending on which state the case is being tried in. In some cases, all participants may need to provide their user names and contact information to the court reporter in advance.

Generally speaking, the transcript of a given remote deposition will contain a simple text that notes the recording method and all noticing obligations that were met.

Court Reporters and Read-On Language

When it comes time for the actual swearing-in process, court reporters play a major role. They will generally be the officers administering the binding oaths to witnesses in these settings.

This is done via a sworn statement or “read-on” language, which the witness will be asked to read aloud before beginning their testimony. The court reporter will then ask the witness if they understand the statement and are willing to comply with its terms.

The specific wording of this language may vary from state to state and even from hearing to hearing, but the general gist will be the same. The witness will need to agree to tell the truth, and they will need to understand the penalties they may face if they choose to lie under oath.

In addition, however, remote hearings will typically require that the witness state their agreement with being held to a binding oath via phone, internet or whatever other recording method is being used. This helps to ensure that the witness understands they are still under oath even though they are not physically present in the same room as the court reporter.

Swearing in the Witness

Once all of this has been established, the court reporter will then administer the oath itself. The witness will be asked to raise their right hand and repeat after the reporter — first, they may also be reminded that they’re still under oath, and that this oath carries the exact same weight and penalties as an in-person oath.

After that, they will be asked to repeat the read-on language verbatim. Once this has been done, the witness’ testimony may begin. Again, it’s important to note that the specific wording of this oath may vary depending on which state the case is being tried in.

However, the overall process will be more or less the same regardless of where the deposition is taking place. So long as all noticing obligations have been met and the witness has been accurately sworn in, the resulting testimony should be just as legally binding as if it had been given in person.

If any technical issues arise during this, it should be noted that time spent resolving them count toward limits on deposition time, which are usually seven hours.

For more on the process of swearing in witnesses for remote depositions, or to learn about the services our Phoenix court reporters can offer in several distinct areas, speak to our team at Phoenix Deposition Services today.

attorney protocols remote depositions

Attorney and Law Firm Protocols for Remote Depositions

A major trend in the legal hearings and depositions world over the last couple years, and one that had even begun slightly ahead of that time before the pandemic truly accelerated it, is the increase in remote proceedings. Whether through Zoom or other similar online communication services, these depositions and hearings can be carried out with various participants in different places of both the country and the world.

At Phoenix Deposition Services, we offer state-of-the-art, HD video conferencing services through Zoom, allowing for remote depositions and hearings that will still be completely covered by our quality Phoenix court reporters. For many attorneys and law firms alike, the recent rise in these remote proceedings has led to a need for creation of specific protocols when taking part in such a hearing. Here are some of the most important areas we recommend looking into as you’re creating or tweaking such remote hearing protocols.

Protocol Setup: Defining Your Needs

If you’re just getting started on the road to setting up protocols for taking part in a remote deposition or hearing, the first step is understanding what your specific needs are going to be. In order to do that, you’ll need to consider things like:

  • The types of cases you typically handle
  • How often you might need to take part in a remote hearing (or how often your clients might need to)
  • How complex the average remote hearing you’ll be taking part in is going to be

This will give you a broad understanding of what it is that you’re looking for in terms of features and capabilities from a service provider. It’ll also help give some insight into what kinds of questions you should be asking providers when you’re trying to determine who to work with.

What’s the Budget?

The next thing you’ll want to think about is what your budget looks like for this project. Obviously, you don’t want to spend more than you need to in order to get the job done, but at the same time, going too cheap might leave you without the features or quality you need to ensure that everything goes smoothly.

In general, you should be looking for something in the middle ground, where you’re not spending an arm and a leg but you’re also not going with the absolute cheapest option available. If you can find a provider who offers pricing that’s on par with what you’d typically spend on an in-person hearing while also providing features that’ll make the remote experience smoother, you’re probably in good shape.

Now that we’ve gone over some general themes for setting up a remote hearing protocol, our next few sections will look into themes to keep in mind leading up to specific hearings themselves, or even on the day of those hearings.

Validity Challenge and Agreements

One of the most important parts of this process, and one that attorneys on both sides of the case need to be involved in, is agreeing on the validity of any evidence that might be presented during the hearing. This is doubly important in a remote hearing, as there’s always the possibility that things could get lost in translation or that certain pieces of evidence might not come across as clearly as they would in an in-person setting.

For that reason, it’s important to have an agreement in place ahead of time that outlines how evidence will be presented and what the consequences will be if there’s any disagreement about the validity of that evidence. This agreement should ideally be hashed out between the two sides before the hearing begins, to avoid any potential delays or disruptions during the actual proceeding.

If you’re on the side of presenting evidence, it’s also important to make sure that you have everything you need in order to do so. This means having digital copies of all documents, photos, or other items that you might need to present, and making sure that those files are properly formatted and labeled so they can be easily shared and viewed by everyone involved.

Defining Parameters

There are a few other areas where you’ll want to define some basic parameters with the other attorney(s) in the case, including:

  • Scheduling: How much notice will be given before a hearing, and how long the hearing is expected to last?
  • Attendance: Who needs to be present for the hearing, and who has the option of joining if they need to?
  • Exhibit sharing: How will exhibits be shared during the hearing, and how will they be stored afterwards?
  • Recording: Will the hearing be recorded, and if so, how will that recording be made available to all parties involved?
  • Security: How can you ensure that the hearing will be secure, and that only those who are supposed to be involved in the proceedings will have access to the meeting?

Confidentiality Needs

Certain depositions or hearings might involve sensitive information that needs to be kept confidential, and this is something that should be taken into consideration when setting up a remote hearing protocol. In some cases, it might be necessary to set up a VPN or other type of secure connection in order to ensure that the meeting is truly private.

If you’re dealing with particularly sensitive information, it might also be worth considering hiring a court reporter or other third-party to manage the meeting. This way, you can have someone who’s not directly involved in the case taking care of the logistics of the meeting, which can help to further ensure confidentiality.

For more on how to set up and stick to protocols for your remote deposition and related needs, or to learn about how our Phoenix court reporters can assist you in this and similar processes, speak to the team at Phoenix Deposition Services today.

clear record depositions hearings

Being Clear on the Record During Depositions and Hearings

As an attorney preparing for any kind of deposition or hearing in the near future, you’ll likely be taking a few different steps and approaches. One that’s vital for any such setting, whether your hearing is remote or in-person and no matter its general theme: How to be as clear and straightforward as possible while on the record to ensure that your client’s message or goals come across.

At Phoenix Deposition Services, we’re proud to offer several services that play a major role in this area. We offer both general deposition and remote deposition court reporting services, plus an array of related transcription and repository services, that allow the record to be clear and concise during any kind of deposition or other court proceeding.

If you’re an attorney preparing for any kind of deposition, you also play a role here — one you should be carefully considering. Here are some basic tips on being as clear as possible for the record, including not just verbal areas, but also non-verbal cues and related concepts.

Know the Type of Reporting Being Done

First and foremost, it pays to have advanced knowledge of the type of reporting that will be done during your deposition. This includes knowing if real-time captioning or other transcriptions will be available, as well as whether there will be an audio or video recording.

Each type of recording has different considerations. For example, if you know there will only be an audio recording, you can focus more on verbal elements like your diction, intonation, and the like. But if you know there will be a video recording as well, you’ll want to also focus on non-verbal cues like eye contact, facial expressions, and gestures.

Be Aware of Your Tone

Your tone is important no matter the type of deposition being done or what’s being recorded. It can be easy to get caught up in the emotions of the moment and allow your tone to become angry, defensive, or otherwise unprofessional.

No matter what’s being asked or how you feel about it, do your best to maintain a calm and collected demeanor. This will come across better on the record — court reporters will absolutely include things like an angered tone or other such changes in their transcriptions — and will also help you to be more clear-headed as you answer.

Don’t Use Filler Words

Filler words like “um,” “ah,” and “like” can be a major distraction when trying to listen to or read a deposition. They can also make you come across as nervous, unprepared, or uncertain — none of which are good qualities for an attorney.

Practice avoiding filler words by taking some time to record yourself ahead of the deposition. Listen back to the recording and take note of any filler words you use, then work on finding alternative ways to pause or emphasize without using them.

Avoid Cross-Talk

Another important concept for keeping the record clear and concise is avoiding cross-talk. This is when two or more people are talking at the same time, making it difficult to understand who is saying what.

Cross-talk can happen easily in a deposition setting, especially when emotions are running high. Be aware of this possibility and make a conscious effort to avoid talking over others or interrupting them while taking part.

This can be a bit more difficult during remote depositions, as there can be a bit of a delay between when someone speaks and when you hear them. In these cases, do your best to wait a beat or two after the other person stops talking before beginning your response.

Use Rephrasing When Needed

There will be times during a deposition where a witness may not fully understand a question or may need clarification before they can answer. In these cases, it’s perfectly acceptable — and often encouraged — to rephrase the question.

Not only does this help to ensure that the witness understands what’s being asked, but it also gives you a chance to word the question in a way that’s more clear and concise. This can be especially helpful if the question was originally worded in a way that’s confusing or difficult to understand.

Remember, the goal is to ensure that everything that’s said during the deposition is as clear as possible. If there’s any doubt about the meaning of a question or answer, it’s better to err on the side of caution.

Preparing the Witness

Your own speech and actions are very important for the record, and so are the speech and actions of your witness.

Before the deposition, take some time to discuss with your witness how important it is to be clear and concise when answering questions. This includes avoiding filler words, cross-talk, and speaking in a calm and collected manner.

You should also emphasize the importance of paying attention to non-verbal cues. This means maintaining eye contact, using facial expressions to convey meaning, and being aware of body language. By preparing your witness ahead of time, you can help to ensure that their deposition goes smoothly and that their answers are clear and concise.

Look Professional

Even if there won’t be any video footage of the deposition, it’s important to look professional. This means dressing in business attire and making sure that your hair and makeup are well-groomed.

You should also make sure that your body language is open and confident. Sit up straight, avoid fidgeting, and make eye contact when speaking. By looking and acting the part, you can help to instill confidence in your witness and make it more likely that their answers will be clear and concise.

By following these simple tips, you can help to ensure that your deposition or hearing goes smoothly and that the record is as clear and concise as possible. For more on this, or to learn about any of the ways our Phoenix court reporters assist with this process, contact the team at Phoenix Deposition Services today.

cybersecurity tips remote depositions

Cybersecurity Tips for Remote Depositions

As more and more depositions and other legal proceedings have been carried out virtually over the last couple years, law firms and attorneys are spending more time thinking about an important theme: Cybersecurity. This is vital for proceedings where sensitive legal information may be shared or disclosed, and ensuring you’re following proper guidelines here will help protect both you and your firm.

At Phoenix Deposition Services, we’re proud to offer the very best video deposition services and many other forms of court reporting or transcription for numerous clients. All our remote services are offered alongside quality security programs that ensure you’re never at-risk. What are some themes we recommend to attorneys and law firms when it comes to maintaining cybersecurity for any remote deposition or related hearing? Here are a few.

Assess Your Risks

First and foremost, it’s important to assess the cybersecurity risks that may be inherent in any given deposition. You’ll want to consider both the type of case and the type of information being shared during the proceeding. Information that may be sensitive or classified, for example, will require a higher level of security than other matters.

Other considerations might include whether any trade secrets will be discussed, if there are any children involved in the case, or if any other information might be used to exploit vulnerabilities. By identifying these risks in advance, you can take steps to mitigate them before they become a problem.

Consider Your Protection

Once you’ve identified the risks present in your case, you’ll need to consider what type of protection you’ll need to put in place. This might include using a virtual private network (VPN) or other encryption methods to secure data transmissions, ensuring that all devices used during the deposition are properly secured, and establishing strict rules for who can access the deposition transcript or video.

Education of Team Members

For any remote deposition that will involve other members of your team, it’s vital that everyone understands the importance of cybersecurity and knows what steps need to be taken to ensure a secure proceeding. This might include training on how to use the VPN or other security measures, establishing clear rules regarding device security and data sharing, and setting expectations for what will happen if there is a breach.

Many of the errors that lead to cybersecurity breaches are human in nature, so it’s important that everyone involved in the deposition understands the risks and knows how to avoid them.

Review Your Processes

After a remote deposition has been completed, it’s also important to review the process and procedures that were used to ensure that they were effective. This might include debriefing with all team members, reviewing the video or transcript for any security issues, and conducting a post-mortem to identify any areas where the process could be improved.

By following these tips, you can help ensure that your next remote deposition is as secure as possible. For more on this, or to learn about our Phoenix court reporters and both the in-person and remote services we offer, speak to our staff at Phoenix Deposition Services today.

bad faith insurance documentation

Phoenix Bad Faith Insurance Cases and Documentation

There are a few elements that will play an important role in determining the outcome of any bad faith insurance claim made against an insurer, and documentation is absolutely one of them. Proving bad faith from an insurer typically requires the ability to produce documented evidence of improper behavior, and there are several related areas where this theme comes into play as well. 

At Phoenix Deposition Services, we’re happy to provide a huge range of such services, including comprehensive court reporting and legal transcription services for clients throughout Phoenix and nearby areas. What are some important elements of bad faith insurance cases where documentation plays a role, and how do professionals like ours serve important positions here as well? Let’s go over everything you should know.

Common Law Bad Faith

There are two general formats that these cases may proceed under, and the first of these is known as common law. Common law elements of bad faith insurance will vary from state to state, but there are a few which are fairly common.

Specifically, proving a common law claim of bad faith will generally require these two elements be proven:

  • Benefits due under the policy were specifically withheld: The plaintiff must establish that they had a valid claim under the terms of the policy, but that the insurer refused to pay out on it. In some states, the filer must make a final demand from the insurer before filing a claim.
  • The reason for refusing benefits was unreasonable: Next, it must be proven that the company was acting unreasonably in refusing to pay benefits. This will require a thorough evaluation of the circumstances and evidence by an experienced attorney, in order to determine if the company had any reasonable justification for denying the claim.

If both of these elements can be proven, then bad faith may be established – though again, this will vary from state to state.

Statutory Bad Faith

Statutory bad faith claims, on the other hand, are based on laws made by state legislatures. Many states have such laws, which are in place to protect individuals from deceptive practices from insurance companies.

Again, specifics here will vary between states. There are some common elements, such as allegations that the company failed to provide a reasonable explanation for denial of a claim, or that the company did not attempt to make a prompt, fair and equitable settlement of a claim when liability is clear. There may also be several others.

Role of Court Reporters and Transcribers

As you may have guessed from reading the above, bad faith insurance cases require a great deal of documentation in order to be successful. This is where professionals like our court reporters and transcribers come in – they play a vital role in helping to collect, organize, and present all the evidence that will be needed.

In many cases, attorneys will work with our team to help collect relevant documents and testimony from witnesses. We can also help convert all of that material into a format that can be easily understood and used in court.

If you’re involved in a bad faith insurance case, make sure to get in touch with us – we’ll be happy to work with you and help make sure your case has the best chance of success. For more on this or any of the services provided by our Phoenix court reporters, speak to the team at Phoenix Deposition Services today.

court reporter discrimination wrongful termination

Role of Court Reporter in Discrimination-Based Wrongful Termination

There are a few reasons why previous employees of a given organization may file suit against that employer for wrongful termination, and one of the most common is due to issues of discrimination. It is expressly illegal for any employer in the US to fire someone based on discrimination or related concerns, and employers who have been found to do so can be punished in several ways, including making restitution to the employee in question.

At Phoenix Deposition Services, we’re proud to offer a variety of court reporter services to attorneys and clients in numerous different case types, from general depositions to video depositions and more. Our court reporters often play a major role in helping document the details of a discrimination-based wrongful termination case, ensuring clients get the proper representation of their complaint to allow for full restitution. Why is our role so important for these kinds of cases, and what are some of the remedies that might be possible for clients within them? Here’s a primer.

It’s All in the Details

For the vast majority of wrongful termination cases based on discrimination, tiny details often make a major difference, with the minutiae of the case itself being major factors in determining its outcome. This is why it’s so important to have a highly-trained court reporter working at these events, capturing every single detail of what’s said during deposition questioning through transcripts that are truly thorough and comprehensive.

For instance, many wrongful termination cases where the past employee is alleging discrimination will involve conversations and even arguments between the employee and his or her superiors regarding various levels of treatment within the workplace. These conversations may not directly address issues of discrimination, but if they can be shown to nevertheless have had a major impact on why the person in question ended up being terminated, it might lead to punitive deterrents for the employer involved such as fines or other forms of restitution.

Types of Damages

In cases where the court finds an employer did engage in discriminatory practices that led to wrongful termination, there are two primary types of damages that may be levied:

  • Compensatory: This is where the court will look at all lost wages of the person in question, including both direct and indirect earnings, along with benefits they may have lost out on.
  • Punitive: This is where fines associated with discriminatory practices are levied against an employer, to discourage this type of activity from occurring again in the future. These are often large, and can vary widely from case to case.

There are limits on both these damage forms based on the size of the employer, but they are significant in both cases.

In either of these cases, a thorough and comprehensive court reporter’s transcript of the deposition event will be crucial in being able to prove beyond a reasonable doubt that discriminatory practices did indeed take place. How? By showing a pattern of behavior within the testimony contained within the deposition transcript itself.

For more on the role our court reporters play in wrongful termination cases alleging discrimination, or to learn about any of our Phoenix court reporters and our services, speak to the team at Phoenix Deposition Services today.

court reporters worker’s compensation

Value of Court Reporters in Worker’s Compensation Hearings

Worker’s compensation benefits are of enormous value to many employees out there, but there are cases where employers will try everything in their power to avoid paying these out. These situations often lead to civil court cases covering denial of worker’s compensation benefits, and for such cases, the court reporter involved holds major value.

At Phoenix Deposition Services, we’re proud to offer the very best real-time court reporting services in Arizona, with court reporters trained to handle a variety of different case types — including worker’s compensation cases. What are the important elements involved in such cases, and why do quality court reporters hold value? Here’s a primer.

What’s Involved in Worker’s Compensation Denial Cases

In any case involving an employer’s denial of worker’s compensation to an employee, the purpose of the hearing will be to determine whether the employer is liable for payment of benefits. A deposition will typically be taken with an injured employee, and possibly an employer representative as well.

During the hearing, the plaintiff and their attorney will make an argument on behalf of the injured party; on the flip side, the employer’s counsel will be making their case for why the employee should not receive benefits. A number of factors may be used to prove or disprove certain themes here, from specific testimony to documented evidence presented.

Value a Court Reporter Holds

Because the outcomes of many worker’s compensation cases rest largely on the specific areas of evidence that are presented, the court reporter handling such a case can hold major value. A skilled professional will be able to record all of the information presented during testimony without flaw, making their services vital for following along with proceedings.

When it comes to worker’s compensation cases, there are two sides that must be taken into account — that of the injured employee and that of the employer. If either side isn’t properly represented, not only could the outcome of the case be in question, but legal issues with appeals and other post-hearing proceedings may crop up.

In addition, worker’s compensation cases may include several areas of terminology and jargon that can be confusing to those who may not work in the field on a regular basis. For example, medical terminology and measurements are often presented properly for the case to have any validity.

By working with a court reporter who understands worker’s compensation cases like the back of their hand, it becomes possible to follow the hearing with ease. The goal in these cases is to determine whether or not an injured employee should receive adequate worker’s compensation payments for their troubles, and having information recorded thoroughly and completely can only aid in this process.

For more on what happens in worker’s compensation cases and why a quality court reporter is so important, or to learn about any of our Phoenix court reporters and the services we offer, speak to the team at Phoenix Deposition Services today.

court reporter wrongful termination

Court Reporter for Wrongful Termination: Documenting Phoenix Cases

In part one of this two-part blog series, we went over some of the important roles court reporters play in wrongful termination depositions. These cases, which require significant documentation and involve several forms of detail, are benefitted in several ways from the presence of a quality court reporter.

At Phoenix Deposition Services, we’re proud to offer real-time court reporter services for numerous case types throughout Phoenix, including for wrongful termination depositions of any sort. In today’s part two of our series, we’ll go over a few of the other ways court reporters provide value within the realm of wrongful termination.

Perspectives of Everyone Involved

There will often be multiple perspectives involved in a wrongful termination claim, from the employee who was terminated to the HR representative who conducted the termination. A court reporter can help capture all of these perspectives in a clear and concise manner, ensuring that nothing is lost in translation.

This becomes especially important when multiple people are giving testimonies, as it can be difficult to keep track of who said what. With a court reporter there to capture every word, the case will be more streamlined. This can make it much easier for everyone involved–especially if there are multiple people giving testimonies on each side of the argument.

Documenting Outbursts or Poor Behavior

In some cases, wrongful termination depositions become emotional affairs. In these instances, it’s crucial to have a court reporter who can document any outbursts or poor behavior. This information can be used later on as evidence, and can help to paint a more accurate picture of the case.

In fact, the court reporter’s documentation can be used to prove any sort of momentary lapse or fit of anger, so it is important that they are able to catch every single detail. There are many cases where the actual result has been impacted directly by the court reporter’s presence, simply because they were able to document the moment of poor behavior.

Exposing Contradictions

Another vital role of a court reporter within any wrongful termination deposition is their ability to confirm or deny any contradictions or differences in testimony. Case files are often long and complicated, and it is easy for small details to get lost along the way.

A court reporter can help sort through all of this information, ensuring that nothing gets missed. They are trained not only to document every word said throughout any deposition, but also to cross-reference with previous testimonies to look for any contradictions. This can be an extremely valuable tool in any wrongful termination case.

Court reporters play a vital role in wrongful termination depositions, and at Phoenix Deposition Services, we’re proud to offer real-time Phoenix court reporter services for numerous case types. Contact us today for more information.