By Karen Sussman, Elite Court Reporting
As the owner of a busy Southern California court reporting business, Elite Court Reporting, and as a court reporter with 20+ years’ experience myself, I thought it might be helpful for attorneys to know what the common mistakes are when taking depositions so that they can ensure they are getting the most accurate records.
A deposition is testimony that is given by a deponent where they are expected to answer questions posed to them by an attorney. Each of these questions and answers are recorded by a certified court reporter, such as those provided by Elite Court Reporting. This process is similar to giving testimony in a courtroom, however there is no judge present during a deposition. This record prepared by the court reporter is useful because it allows the parties to know what the witness is going to say, should they be asked to testify at trial.
There are a number of common issues that we have to work with every day as court reporters and sometimes, they make our job more difficult when it comes to providing accurate testimony. The top five that come to mind are:
- Witnesses who don’t wait for the attorney to finish asking a question and instead interrupt, providing an answer that is not fully accurate. My recommendation would be to instruct deponents to wait a few seconds after the attorney has fully asked a question before answering.
- Testimony that contains “uh-huhs,” gesturing, or head shakes that don’t answer the question verbally. Descriptive words always help make the record more clear.
- Not waiting for an exhibit to be marked by the court reporter before launching into questions that need to be transcribed. It is always best to wait until the exhibit has been marked before continuing with the deposition.
- Giving testimony at warp speed is not helpful as it’s very easy to miss important terminology if the speaker is a fast talker. Court reporters are certified to take down the record at speeds of 225 words per minute – anything more than that can cause accuracy to suffer.
- Speaking at the same time or over the attorney while a question is being asked. One person speaking at a time ensures the best possible record for the transcription.
By being aware of these common mistakes, everyone can work together more efficiently to provide the best possible work product.
Elite Court Reporting is a full-service deposition firm that provides court reporting and litigation support services throughout the USA. Elite’s reporting staff is comprised of highly qualified reporters who are experienced in complex and technical litigation and who consistently excel at providing each and every client with a superior transcript in an expeditious manner. Elite Court Reporting has grown to be a well-respected firm throughout the legal community through its commitment to excellence, attention to detail, and exceptional service.