Court Reporters Can Use Your Help

Blog, General

Court ReportersCourt reporters can use you help in these six suggested ways .  The number one objective of court reporters is to preserve accurate and high-quality records for each of our customers. After all, without concise records of the case, it would be difficult – if not impossible to properly manage complex legal proceedings.

While it is a stenographer’s job to keep records that accurately reflect the deposition, there are certain things that you – as a legal assistant or paralegal – can do to make our jobs easier. Here are a few of them.

1. Sharing Case Captions with the Court Reporters

Near or at the top of the list of critical items to share with your court reporter is the case caption. Namely, the caption is important because it contains the title page of the transcript. So if you want to ensure that your deposition specialist has access to the case caption, you may want to get it to her before the deposition.

2. Maintain a Record of Appearances

Another important detail that you don’t want to leave out when requesting a deposition would be the names of all who may be present during the deposition–excluding attorneys. This helps the transcriptionist keep track of anyone who addresses the court.

3. Provide Uncommon Spellings

Another area that can slow your stenographer down is odd spellings. However, you can prevent misspellings in advance by proactively sharing the spelling of any uncommon names or words with the deposition specialist beforehand.

Likewise, outside of uniquely spelled words, there are other instances where you may want to provide a spelling list with your court reporter. For example, this may be required for certain technical terms that the transcriptionist does not use on a regular basis.

4. Ordering the Transcript

When the deposition is over your court reporter may ask if you would like to purchase records. If you do need transcripts, it helps to be prepared; which means knowing which format you need the transcript in before the court reporters asks you.

Please note that sometimes it can take a while to compile the records. If this happens, remember to be patient with the court reporter.

5. Share Email Addresses

Since email messages tend to be the preferred method of communication for stenographers, you’ll want to get into the habit of emailing them. The good news is that when you do so, your records will arrive intact and on time. In addition to your email address you may also want to share your lead attorney’s email address, as well.

6. Give Lunch Breaks

You’ve often heard it said that it’s the little things that count. The same holds true with stenographers who do so much just to ensure that your cases run smoothly. For instance, a deposition can easily last for several hours or more.

This is the perfect opportunity to show the court reporter that you care by allotting break time and having lunch delivered. Not only does this help the stenographer but since it gives the transcriptionist’s mind time to rest, it ultimately makes for better court reporting, as well.

As you can see, several of the items above can be shared with the stenographer before the start of proceedings.The bottom line is that heeding these suggestions can ultimately help devote more time to your case.

We thank you for taking the time to read our blog and all interested parties can Schedule a Deposition with us by clicking here.

Video Deposition

How to Prepare Your Client for a Video Deposition

Blog, Deposition

Importance of depositionsAs a paralegal, part of your job entails preparing the client and other witnesses for deposition. In a written deposition, the deponent’s body language is not reflected on paper, and any evidence is evaluated only on the basis of the witness’s recorded words. However, in the case of video depositions, the deponent’s testimony also includes physical gestures and other visual cues that can be beneficial or detrimental to your client’s case.

Giving evidence in any legal setting can already be taxing enough without the presence of videographers and lighting professionals. So as one might expect, a videotaped testimony requires even more work, which invites a greater degree of stress. In addition to the regular deposition preparation process that you’d ordinarily carry out, you may also want to share a few tips with your client on physical appearance, body language, and vocal expression.

The Deponent’s Physical Appearance

While the focus of a deposition is the evidence that the witness presents, it is natural for the judge and jury to notice your client’s physical appearance when watching a video statement. Hence, it’s important to help coach your client on making a great impression during the video deposition.

Your client’s clothing choices are crucial not only for the viewing audience but also for the overall video quality, so encourage your client to wear clothing that is both comfortable and professional. Likewise, it’s best to encourage your client to avoid loud colors or wild prints. Plain pastel colors are excellent choices because they help the videographer achieve color balance.

Good posture is always encouraged in formal settings. The same applies to video deposition. Your client should look as comfortable and natural as possible while also displaying confidence and professionalism.

Body Language Can Affect a Deposition

Body language can speak volumes in video testimonies. Often, jurors make assumptions about the witness based solely upon body language. Here are several useful tips you can give your client to ensure that they convey the right messages:

  • Be cognizant of facial expressions – The client’s face will be the focus in a video deposition. Accordingly, your client should avoid eye-rolling, brow knitting, and other facial expressions that may distract the viewer or send the wrong message.
  • Avoid fidgeting – Fidgeting is often associated with nervousness. Unfortunately, a nervous looking witness may be viewed as being someone with something to hide. Despite the anxiety that most individuals experience when sharing evidence, you want to encourage your client to avoid fidgeting.
  • Avoid excessive hand gestures – Similar to fidgeting; gesticulation can be distracting. In your preparation time, it may help if you videotape your client so that he or she has a better understanding of their general appearance on camera. Ultimately, your aim is to help the client understand that their body language can significantly alter the way that a judge or jury interprets the evidence.

How Vocal Expression Can Impact the Jury

Vocal expression is as important to a video deposition as the client’s physical appearance. A written transcript will not include the varying attributes of your client’s articulation. This is not the case when your client is giving evidence in a video deposition. The long pauses, soft tones, elevated volumes, or frustrated tones will all be self-evident to the persons viewing the video. Encourage your client to remain calm and speak clearly.

Video depositions offer multiple advantages when presenting evidence to a jury. They have the ability to bring the testimony alive, and many jurors are more inclined to watch a video deposition than to read a long transcript.

However, in preparing your client for this type of deposition, don’t forget to highlight the pitfalls associated with appearance, posture, and articulation. Your job is to help the client avoid any such pitfalls. In doing so, you do a great service to both your client and employer.

Out of State Depositions

3 Steps to Help You Prepare for The Out of State Deposition

Blog, Deposition,

official court reporters vs freelanceThe witness that is critical to your client’s case will not always be in your state. When this happens, there are several legal and other preparatory steps that must be taken to depose the witness. In this blog, we explore the necessary steps to prepare for an out of state deposition.

As a paralegal, your role, under the supervision of your assigned attorney, is to ensure that the necessary steps are taken to secure the witness for an out of state deposition.

Know the State Laws

Each state has different rules and laws as it relates to depositions and the process required to compel a witness that is within their jurisdiction. You must ascertain the specific county in which the witness resides and determine the procedural rules that must be followed to depose the witness.

A quick way to make sure that your law firm is following all of the procedural requirements of your witness’ home state is to contact the clerk of the court. The clerk can provide accurate information on how to go about deposing the witness in their jurisdiction, along with regulations relating to serving a subpoena.

Secure Your Witness

It’s always easier when the witness is a willing participant. However, this isn’t always the case. It is important to note that sometimes even consenting witnesses will change their minds and depending on the value they add to your case; it may be best to secure your witness’ presence with a subpoena.

This process of using a subpoena to secure your witness varies from state to state. So, it’s important that you understand the overall process and. Some states require a commission or letters of rogatory as part of the procedure involved in securing a witness. You may also want to consider hiring a law firm from that state in addition to obtaining information from the clerk of court.

Every aspect of your client’s case is time sensitive so obtaining and serving the subpoena should be top on your out of state deposition to do list. A witness who does not turn up for the deposition can result not only in out of pocket expenditure for your attorney, but your client may also have to pay the opposing side’s expense.

Plan Ahead

All legal proceedings require at least some preparation. However, when your witness is out of state, more planning is required to make sure that everything is in place to facilitate the deposition. In addition to adhering to the laws and regulations of that particular state, making the necessary applications in your state is also important to ensure that you are on the right path.

Further, since time is of the essence, it’s important to make sure that you meet specific deadlines. With an out of state deposition on hand, there are greater chances of delays. As a paralegal, you will need to factor in such issues and plan accordingly to ensure that there are no eventualities that will cause your client more money.

Planning ahead will also include preparation for the actual deposition day. With an out of state deposition, there is no running back to the office to get a file or document that was left behind. It’s vital that your attorney be equipped with all that is required to carry out the deposition in another state.

There are several logistical considerations involved in pursuing an out of state deposition. Once the preparatory legal filing and serving work is complete, both you and your attorney can focus on the general preparation that is required for a deposition.

The Benefits of Using Deposition Summaries

Blog, Deposition, ,

Realtime Court ReportersRecently, the legal profession has seen a trend towards firms relying more heavily upon deposition summaries than what has occurred in the past. There are several factors contributing to this recent shift in how witness testimonies are handled. So in this blog, we highlight the advantages of using accurate and condensed deposition summaries.

Part of your job, as a paralegal, involves offering legal administrative support to your firm’s attorneys and helping to save your employer time and money. This often includes finding ways to make the deposition process run more efficiently.

Given the sheer volume of paperwork that depositions can necessitate, one of the best ways to streamline the process is to draft a summary of the deposition. The benefits are immense, as we will outline below.

Deposition Summaries Save Time

Time matters in every legal case; this is what makes depo summaries so helpful. Essentially, they recap the high points of a deposition, allowing for quick reference in both pretrial and courtroom settings. With a depo outline in hand, the assigned lawyer can focus on more technical legal work, allowing him or her more time to devote to winning a case.

While you can write deposition summaries in-house, outsourcing this task can free up time to carry out duties that are more critical to the case. Usually, companies who offer this service have the resources to deliver witness summaries under tight turnaround conditions.

Witness Summaries Help in Pre-Trial Preparation

One of the things that legal professionals come to expect – as it relates to witness testimony is that just a few hours of recordings is enough to generate reams of new paperwork. Moreover, while some of it is relevant, not all is germane to the case. To isolate the most relevant facts, some paralegals resort to using highlighters and post-it notes. However, a witness summary makes pre-trial preparation easier, not only for you but the attorney, as well.

The benefits of a deposition transcript summary become even more apparent when preparing witnesses for trial. Having a synopsis of their statement, which highlights the major points can prove valuable in witness’ memory before the trial. It can also serve as a quick point of reference during legal research.

Summarizing the Deposition Delivers Value to Your Client

Since most law firms bill by the hour, time and money are joined at the hip in the legal profession. Clients are acutely aware of this, which is why they prefer not to be billed for anything they deem unnecessary to winning their case. Summarizing witness statements requires a considerable amount of time and resources on the law firm’s part. Although certainly important, your client may not feel that the summaries warrant billable hours. Outsourcing this task allows clients to reap the benefits without feeling shortchanged.

Likewise, outsourcing transcript summaries can save you money, as well; because when handled in-house the hours can pile up quickly. In fact, even if the client is willing to pay, devoting resources to handling witness statement summaries can affect your firm’s cash flow. Likewise, if you’re in the midst of a contingency claim, recouping these expenses could take years.

Witness Transcript Summaries are Critical to the Court Process

In addition to assisting your witnesses in refreshing their mind, they can also help provide a frame of reference for the opposing counsel’s witness testimony. There is value in being able to identify key points of the opposing side’s statement. For example, this makes it easier to discredit a witness who changes major aspects of their statement, during the trial.

A deposition summary can also prove useful to the judge. Indeed, a well-written witness statement summary that adheres to the court’s guidelines is readily admissible by the judge, who can use the summary to prepare a summing-up statement or even use it during the trial. Likewise, if given a choice between a written summary versus a voluminous written testimony, most jurors would prefer the deposition summary.

Why Outsource Deposition Summaries?

Outsourcing deposition summaries comes with several advantages.

  • Your Law Firm Stands to Save Money – Trained professionals can quickly prepare your deposition summaries while also lowering your administrative costs.
  • Better Time Management – The time that you save by outsourcing your depo summaries can be used to improve other aspects of your client’s case.
  • Professional Results – An experienced court reporting firm should not have a problem submitting depo summaries that the court deems acceptable.

These are just a few reasons that you may want to consider outsourcing your witness transcript summaries to a qualified court reporter.

Preparing a case for trial is hard work and involves many moving parts. And while it’s certainly important to know that you’re ready for trial, it also helps to look prepared, and deposition summaries can help you on both fronts.

Preparing Your Witness for a Deposition

Blog, Deposition, ,

deposition summary basics importanceAs a paralegal, your role in the deposition process is critical to the overall success of each case. In addition to helping the attorney prepare the claim, you’re also responsible for preparing the witness. Whether the witness is your client or a support witness for your case, thorough preparation can make a big difference on deposition day.

When prepping a witness for deposition, you should always work under the guidance of your attorney. However, there are a few things that you still should know.

Explaining the Deposition Process

Most witnesses are new to the world of legal litigation. Whether the witness is the average deponent or an expert, providing evidence can be overwhelming for anyone doing so for the first time. Your role is to explain the deposition process in a straightforward manner, and in doing so, you might be able to remove any anxiety on the witness’ part.

The information you provide should include:

  • An explanation of a deposition.
  • How a deposition fits into the overall legal system?
  • What are the possible outcomes of a deposition?
  • How will the outcome affect the case on a whole?
  • What is the role of the witnesses?
  • The importance of giving evidence at a deposition.

In your explanation, you’ll also want to allow room for questions. It might also prove helpful to prepare a general document or brochure; explaining the deposition process.

Answering Questions

Some witnesses are uncomfortable testifying in front of the other parties. This can create a great deal of anxiety, especially if the witness is attending a deposition for the first time. Whatever the nature of the evidence, there are several items that you’ll want to share with your witness, before they begin answering questions. Here are a few of them.

  • Listen to the Questions – It is vital that you impress upon your witness, that they listen carefully to each question. Explain to your witness that their answer is being recorded, and so it is important to ensure that their answer is really the response to the question asked.
  • Answer the Question Being Asked – Sometimes witnesses can get sidetracked and offer more information than what is necessary. Since this can complicate the case, you’ll want to convey the importance of only answering what they’re asked, as opposed to giving long winded answers that aren’t relevant to the question.
  • Seek Clarification – Occasionally, you may encounter witnesses who don’t understand something but refuse to ask questions. You can address this beforehand by assuring the witness that it is okay to seek clarification on anything that he may not understand.
  • Don’t Make Things Up – Your witness should enter the deposition room knowing that they don’t have to know the answer to every single question. So remember to encourage the witness to be truthful and accurate during the testimony.

Since a deposition is essentially a question and answer session, preparing the witness should be a top priority for you.

Advice on Physical Posture

While a witness’ physical appearance is not important to the recording of the evidence, it is a tool that attorneys sometimes use to determine the witness’ emotional state and how truthful he may seem. With this in mind, you may want to emphasize the value of maintaining an upright posture while being deposed.

  • Your witness should sit up straight in her chair and avoid looking rigid.
  • Where possible encourage your witness to avoid looking distressed, angry or frustrated.
  • Maintain eye contact with the person asking the questions.

Our bodies have the ability to transmit unintended information, so encourage your witness to practice projecting a calm demeanor.

Preparing the Witness via Mock Depositions

Under the direction of your attorney, you may choose to organize a mock deposition. In this scenario, your responsibility is to ensure that the witness is ready for the mock deposition. Additionally, you may want to confirm that your witness is familiar with the documents are part of her deposition.

Once you have completed the preparatory work, be sure to follow up with your witness and find out if they have questions or concerns. Another step you can take is to organize pre-deposition meetings with the attorney.

A well prepared witness is not only good for your case, but also ensures a smooth deposition process. Fortunately, as a paralegal, you have the opportunity to tilt the odds in your favor by preparing your witness for deposition. Hence, the saying, ‘a paralegal’s job is never done’.

What to Expect When Working with Court Reporters

Blog, Court Reporting,

making depositions convenient reportersAlthough much of what court reporters do occurs behind the scenes, they play an integral role in the legal system. In this respect, court stenographers are not unlike paralegals. But despite the similarities, it has been my observation that many paralegals are uncertain of what to expect from court reporters.

Given the amount of interaction that paralegals and court reporters have with one another, it’s important that you know how best to work with court stenographers to foster a better working relationship.

Professionalism in Court Reporting

Court reporters are conditioned to abide by some of the strictest deadlines in the legal field, and for good reason. Since legal proceedings cannot begin until the reporter arrives, punctuality is not just a courtesy, it’s a must. Add to this the fact that law firms can’t bill for lost time, and only then can one truly appreciate the gravity of promptness. Hence, it goes without saying that when you hire a court reporter, there should be no doubts about his ability to show up on time.

Similar to timeliness, courtesy is expected from all court reporters. As a matter of fact, most reporters are so polite that you will rarely even hear them during proceedings, but make no mistake – their presence has a tremendous impact on the overall success of the case. Furthermore, you should anticipate this type of professionalism not only during the proceedings, but also when receiving the transcript, along with any other interaction that occur thereafter.

Confidentiality of Stenographers

In addition to recording legal proceedings, court reporters must also safeguard confidential information. In fact, the majority of information that comes into a court reporter’s possession is private and shouldn’t be divulged to anyone who isn’t part of the proceedings. Court stenographers understand that a breach of confidentiality may spell disaster for their case and for the court reporting industry, as a whole.

This is why as a paralegal; you should feel confident in the fact that your court reporter will maintain the highest level of integrity with the information that you entrust to him. Indeed, depending on the circumstances, there may be times when court reporters come in contact with information that may be struck from the record, which further necessitates the need for confidentiality.

Impartiality in the Court Reporting Profession

The bulk of what you do, as a paralegal, involves carrying out various tasks for your clients to improve the firm’s odds of winning the case. As such, it isn’t your responsibility to present the case of the opposing party or to be neutral in your proceedings. However, the same does not hold true for court reporters. This means that even though the court reporter was hired by your firm, her position calls for neutrality in all proceedings and does not allow her to say or do anything that could imply bias.

Furthermore, court reporters are trained to avoid expressing their opinion, as it relates to any case that they may be involved in. In essence, your court reporter’s role is to record and deliver a written transcript of the information – as presented – with the highest level of impartiality.

Court Reporters and Accuracy

The very nature of a court reporter’s job requires accuracy. So you should always expect your court reporter to display a firm commitment to accuracy, when delivering transcribing trials, testimonies or other proceedings. Likewise, inaccurate transcripts can prove damaging to your case and that of opposing counsel. While court reporters are not perfect and mistakes may happen, from time to time, you should still expect high standards where accuracy is concerned.

High Quality Transcripts

Transcripts represent your court reporter’s output or end product. If you’re working with an experienced court reporter, you should expect to receive a high quality transcript that is not only free of errors but that follows standardized formatting guidelines of the profession. Furthermore, while each state may have their own formatting requirements, your court reporter should be familiar with the standards and apply them to the final transcript.

In summary, a court reporter is a trained professional, whose role in legal proceedings is highly valuable to you and other members of the legal community. Accordingly, your court reporter should always strive to meet your expectations, which will ultimately lead to smoother trials, depositions, testimonies and other legal proceedings.

Paperless Depositions

Court Reporting, Blog, Deposition, General

making depositions convenient reportersPaperless depositions are quickly becoming more and more popular .versus depositions that are usually characterized by high volumes of paper, among other inefficiencies. Both lawyers and paralegals are concerned with making sure that they are in possession of the necessary exhibits and required copies, so that all in attendance can view the relevant documents.

This can result in multiple folders, binders, and boxes on the day of deposition. This is not only time consuming for the pre-deposition preparation, but it also consumes valuable time on deposition day. Furthermore, this can be costly, both to the law firm’s printing budget and the environment, as well.

With technology usage on the rise in the legal system, there is no doubt that there should be a move towards paperless depositions. Many law firms now operate a paperless system for their files and courtrooms are now embracing paperless technology in their proceedings.

Of course, technology does not negate the important legal rules and procedures which must be followed in a deposition proceeding. However, when done correctly, a paperless deposition can lead to greater efficiency and organization, as it relates to your case.

What to Keep in Mind Regarding Paperless Depositions

There are some important considerations to keep in mind when you are conducting a paperless deposition:

  • Readability – The ability to read and turn the pages of a document must mirror that of a paper deposition. The individual being deposed must have the capacity to read the electronic document and use her own finger to navigate the document in almost the same way she would have done, if the document was a physical one.
  • Usability – It is important for all other persons in attendance to be in a position to see the document. Those persons include the lawyer on the other side, the client, court reporter and any other party for whom you would ordinarily make a copy of the document. In particular, the opposing lawyer and court reporter will need the electronic copies of the exhibits and any annotations.

Move from Paper to Paperless

The process begins with gathering all of the required deposition documents. Your objective should be to scan these documents onto an electronic device. The electronic device must be easy to handle, both by the attorney and also the deponent. Many law firms will use tablets, as they are hand-held and easy to use.

Make the Documents Readable

Once the documents are scanned, it is important that they are in a format that can be easily read by all at the deposition. You will need to find an application that will keep the file in a read-only format, give the deponent the opportunity to turn the pages easily, and one that facilitates annotations.

Allowing Others to See the Documents

In a best case scenario, it would be great to have a tablet on-hand for everyone that needs to see the document. However, this can be expensive and isn’t always necessary. The easy solution is to connect a second tablet to a monitor that can be viewed by the necessary individuals or invest in a screen and projector.

It is important that you and your staff are knowledgeable about the devices that you use. You must be in a position to troubleshoot, should there be a problem. It is advised to do a “try run” in office to make sure that all will go well on the day of the deposition.

The Ability to Take Notes

One of the benefits of conducting paperless depositions is that they can help rid yourself of notepads and eliminate physical note taking. It is critical that you invest in an application that allows you to make notes in relation to your questions and follow-up points, along with the ability to make highlights to your own copy of the documents.

Sharing Documents with Others

Prior to the deposition, you will need to share the relevant documents with opposing counsel and the court reporter. Once the documents are marked and scanned, they can be uploaded to a folder on a cloud storage platform. You can then invite all the relevant parties to share the folder, which will allow them to download the documents in preparation for the deposition.

E-Transcripts and Paperless Depositions

When it comes to conducting successful paperless depositions, etranscripts are the icing on the cake. This will alleviate the need to walk around with a bulky deposition transcript and give you the ability to copy and paste content.

As the legal sector continues to undergo rapid technological advances, you can expect paperless depositions to grow in popularity. Likewise, given the amount of time and money that they can save; it follows that paperless depositions are the way forward. The good news is that you have a road map to help get you there, in this guide.

To schedule your deposition today click here.

Preparing for Deposition Day as a Legal Secretary or Paralegal

Blog, Deposition, Paralegal, ,

Court ReportersThe role of a legal secretary or paralegal professional is to use your legal training to assist the attorney with her legal work. In keeping with these overall roles and responsibilities, professional paralegals must be equipped with the necessary skills to help the attorney prepare cases for deposition. This piece will cover several specific steps that the legal secretary or paralegal can do prior to deposition day.

As the legal professional hired to represent the client, the attorney is in charge of the overall direction and focus of the case. Hence, it is important to have a meeting with the lead attorney handling the matter. In this meeting you’ll want to discuss any issues that are key to your client’s situation. So remember to gather as much information as you can to build upon the overall legal direction of the case. This type of information will inform your research and preparation.

While taking the initiative is good, it is also prudent to gather any research material deemed helpful to the case from the lead attorney. You will need to meet at the beginning and middle of the process to ensure that you are on the right path.

Research the Pertinent Legal Issues

The art of preparation begins with research. Following from your meeting with the attorney, as the paralegal, it is your responsibility to do the necessary research on the issues that concern the case. It is important to be as detailed as possible and compile your research in a way that is easy to read and accessible by the attorney.

Your research will include gathering relevant case law and research to substantiate your case, as well as getting information that could be used by your opponent. The latter will help the attorney to better formulate the case at deposition.

Finding previous testimonies by the witness or about the witness can provide the attorney with valuable information. The attorney for the case should be armed with all the available information on a witness and as the legal secretary you can help in gathering this intelligence.

Draft Potential Questions

The advantage of taking on research responsibilities as a paralegal is that your mind will be filled with questions. In assisting the attorney in his preparation, you can formulate potential questions for each witness. Depositions are about discovery and the best way to discover all you need to before trial, is to ask all the questions that will direct you to the right answers. Your proposed questions can be very valuable to a lawyer, as you may propose questions he or she may not have contemplated.

Prepare Necessary Documents and Exhibits

On deposition day, an attorney will want to focus on the task at hand. Your job is to make sure that documents and exhibits are obtained, copied, labeled and readily assessable. As the paralegal, the attorney will require your assistance in retrieving documents on deposition day. Hence, being organized and prepared is not only meant to help the attorney, but for your benefit as well.

The taking of depositions in a civil matter is very important. As a paralegal or legal secretary, the preparation work that you are required to do represents the well oiled machine of organization and research that is at the foundation of your client’s case.

The Paralegal’s Role in Handling Deposition Errata Sheets

Blog, Deposition, Paralegal, ,

video depositions law firmOver the years we’ve received a fair amount of questions regarding errata sheets. Usually, these questions tend to come from paralegals or legal secretaries that are involved in the ‘read and review’ process.

For anyone who has ever had questions about them, errata sheets give you and your client or witness the opportunity to identify and correct any mistakes that may exist in the transcript. The bottom line is that although court reporters are highly trained professionals, the reality is that as humans we sometimes make mistakes. The same can be said of the client or supporting witnesses.

However, since depositions make up a substantial portion of evidence at trial, it is important to make sure that the deposition transcript reflects an accurate account of the deponent. Here’s what you should know about managing the errata sheet process.

There is much work to be done when preparing your client, witness or case for depositions. After the deposition has taken place the read and review process begins. This gives you and your client or witness the opportunity to correct any errors that might have been made during the actual deposition. The corrections are recorded in the errata sheet.

Often during ‘read and review’, clients and witnesses feel it necessary to correct or add to what was said. However, it is important that they understand the review process is not about changing the substance of the deposition but ensuring accuracy. So how you manage the process of preparing and filing the deposition errata sheet matters; both for the client or witness, as well as for the potential success of the case.

Errata Sheet – Acceptable Corrections

A client may be tempted to suggest changes that are more favorable or to elaborate on a given answer to avoid ambiguity. However, the errata sheet process is not a ‘do over’ or a chance to change one’s testimony. Rather, the intention is to identify errors or misstatements that took place during the deposition. All changes are recorded, while both the original and corrected answer become part of the record. The corrections must therefore represent a genuine mistake of accuracy and ambiguity.

What Clients and Witnesses Should Know

You will want your client or witness to at least a basic level of familiarity with the read and review process. Indeed, making them aware of this process can significantly improve the ease of preparation and filing of the errata sheets:

  • The read and review process is time sensitive. The Federal Rules of Civil Procedure affords the deponent thirty (30) days, starting from the delivery date of the transcript, to submit changes. A failure to submit these changes within the given timeline means that the deposition will be accepted ‘as is’ – without corrections.
  • The deposition can only be corrected for inaccuracies. It must be clear to the client that the changes made do not erase the first record and both jury and judge will be privy to both answers. Your client should therefore understand that contradictory statements could generally have a negative effect on their case and he or she may face prosecution for perjury where no good reason is advanced for the contradiction.

The Responsibility of Paralegals and Legal Secretaries in the Read and Review Process

As the hired legal professional, whether you are a paralegal or legal secretary, you play a critical role in the preparation and filing of the errata sheets. And although it is important for the client to be part of the read and review process, it is the lawyer, paralegal and other support staff that will be combing through the deposition to identify the errors. While the process may be tedious, it is a necessary and important process.

Once the errors have been identified, it is your responsibility to record such errors on the errata sheet. If the error involves a change in the previously recorded answer, you must give a detailed explanation as to the change.

The handling of deposition errata sheets must be viewed as a critical process that has the potential to impact the outcome of any civil case. So although it’s in your client’s or witness’ best interest to ensure the accuracy of deposition statements, ultimately the responsibility for dotting all ‘I’s’ and crossing all ‘Ts’ — will fall upon you — the legal professional. This is all the more reason to pay attention to detail when dealing with errata sheets.