"Go off the record." "No, stay on the record!!" - CSRNation2024-03-28T11:35:38Zhttp://csrnation.ning.com/forum/topics/go-off-the-record-no-stay-on-the-record?commentId=1736041%3AComment%3A1286025&feed=yes&xn_auth=noThe best one I've heard is "I…tag:csrnation.ning.com,2013-10-30:1736041:Comment:12862412013-10-30T22:35:28.205ZCynthia Dunbarhttp://csrnation.ning.com/profile/CynthiaDunbar
<p>The best one I've heard is "I HIRED YOU!!!" And I said, "Yeah, to do my job. I can't go off without agreement." I got a heartfelt apology at the break, thankfully. But I was the scapegoat/whipping boy in that moment.</p>
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<p>The best one I've heard is "I HIRED YOU!!!" And I said, "Yeah, to do my job. I can't go off without agreement." I got a heartfelt apology at the break, thankfully. But I was the scapegoat/whipping boy in that moment.</p>
<p></p> This is exactly what I've bee…tag:csrnation.ning.com,2013-10-30:1736041:Comment:12861752013-10-30T22:32:36.581ZCynthia Dunbarhttp://csrnation.ning.com/profile/CynthiaDunbar
<p>This is exactly what I've been told, but I like that you have found it officially. I'll probably follow your lead and print them out myself!</p>
<p>This is exactly what I've been told, but I like that you have found it officially. I'll probably follow your lead and print them out myself!</p> I'd think you could press cha…tag:csrnation.ning.com,2013-10-30:1736041:Comment:12860252013-10-30T22:28:12.685ZCynthia Dunbarhttp://csrnation.ning.com/profile/CynthiaDunbar
<p>I'd think you could press charges for something like that, if you wanted too...</p>
<p>I'd think you could press charges for something like that, if you wanted too...</p> Great, Chuck. Thanks. I've…tag:csrnation.ning.com,2013-10-30:1736041:Comment:12859382013-10-30T22:05:56.030ZMarge Teilhaber (TILE hobber)http://csrnation.ning.com/profile/MargeTeilhaber
<p>Great, Chuck. Thanks. I've added this info to a file I keep in Catalyst. I look forward to needing it someday!</p>
<p>Great, Chuck. Thanks. I've added this info to a file I keep in Catalyst. I look forward to needing it someday!</p> Thanks to everyone who gave t…tag:csrnation.ning.com,2013-10-30:1736041:Comment:12860222013-10-30T21:47:18.853ZChuck Motterhttp://csrnation.ning.com/profile/ChuckMotter
<p>Thanks to everyone who gave their opinion.</p>
<p>I have now gone to the NCRA website and there are two COPE opinions that bear on this: Advisory Opinion 6 "'Off the record' must be agreed to (1987)"; and Advisory Opinion 42 "When does the reporter go on the record? (2004)"</p>
<p>In the former, the conclusion is, in part, "Unless all counsel in an examination agree to go off the record, the reporter is duty-bound to continue reporting the proceedings...."</p>
<p>In the latter, the…</p>
<p>Thanks to everyone who gave their opinion.</p>
<p>I have now gone to the NCRA website and there are two COPE opinions that bear on this: Advisory Opinion 6 "'Off the record' must be agreed to (1987)"; and Advisory Opinion 42 "When does the reporter go on the record? (2004)"</p>
<p>In the former, the conclusion is, in part, "Unless all counsel in an examination agree to go off the record, the reporter is duty-bound to continue reporting the proceedings...."</p>
<p>In the latter, the conclusion is, in part, "...if the parties are in disagreement about whether to go on the record, the reporter must go on the record in order to preserve the testimony so that a judge may rule on its admissibility at a later date."</p>
<p>I've now printed these off and will carry them in my bag so that the next time I face this attorney who challenged me, I'll have some backup.</p> From what I am reading under…tag:csrnation.ning.com,2013-10-29:1736041:Comment:12860052013-10-29T20:11:13.809ZM&M Court Reporters, Inc.http://csrnation.ning.com/profile/MMCourtReportersInc
<p>From what I am reading under CCP 2025.470, the deposition officer can only suspend the taking of testimony if a party or the witness demands suspension to seek a protective order. </p>
<p>Not too long ago we had a situation where the noticing attorney requested suspension to seek a protective order under Section 2025.420. After checking with the CSR Board, we were advised that the reporter was to still remain on the record. If the witness was asked a question, she was to advise counsel…</p>
<p>From what I am reading under CCP 2025.470, the deposition officer can only suspend the taking of testimony if a party or the witness demands suspension to seek a protective order. </p>
<p>Not too long ago we had a situation where the noticing attorney requested suspension to seek a protective order under Section 2025.420. After checking with the CSR Board, we were advised that the reporter was to still remain on the record. If the witness was asked a question, she was to advise counsel that she could not take the witness <u>testimony</u>, but could continue to report the proceedings. She wound-up reporting about an hour’s worth of argument.</p> Agree with Marge, and others.…tag:csrnation.ning.com,2013-10-29:1736041:Comment:12861482013-10-29T19:43:25.254ZDean Morrishttp://csrnation.ning.com/profile/molas
<p>Agree with Marge, and others. Carrying the rule to produce is helpful.</p>
<p>Agree with Marge, and others. Carrying the rule to produce is helpful.</p> I think it's the same thing i…tag:csrnation.ning.com,2013-10-29:1736041:Comment:12861442013-10-29T19:09:22.260ZElsa Jorgensenhttp://csrnation.ning.com/profile/Elsa
<p>I think it's the same thing in reverse, Chuck. I've had a couple of times where one attorney wants to go on, and I do. I used to carry the COPE or rule about it, but I don't have it in front of me.</p>
<p>I think it's the same thing in reverse, Chuck. I've had a couple of times where one attorney wants to go on, and I do. I used to carry the COPE or rule about it, but I don't have it in front of me.</p> I could be wrong too, but I t…tag:csrnation.ning.com,2013-10-29:1736041:Comment:12859152013-10-29T18:02:34.330Ztami carlsonhttp://csrnation.ning.com/profile/tamicarlson
<p>I could be wrong too, but I thought there had to be agreement to go on or to go off.</p>
<p>And as far as reaming you for making him go back on the record, he could have easily instructed the witness not to answer until he was ready to go back on the record, which would result in no record, which is probably why we never see this situation.</p>
<p>"But, Your Honor, the court reporter made me do it."</p>
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<p>I could be wrong too, but I thought there had to be agreement to go on or to go off.</p>
<p>And as far as reaming you for making him go back on the record, he could have easily instructed the witness not to answer until he was ready to go back on the record, which would result in no record, which is probably why we never see this situation.</p>
<p>"But, Your Honor, the court reporter made me do it."</p>
<p></p> I agree with marge; I don't s…tag:csrnation.ning.com,2013-10-29:1736041:Comment:12859992013-10-29T16:33:57.763ZKelli Combs (admin)http://csrnation.ning.com/profile/Kellicombsadmin
<p>I agree with marge; I don't see that there is a difference in the situation. You did the right thing in my opinion.</p>
<p>I agree with marge; I don't see that there is a difference in the situation. You did the right thing in my opinion.</p>