Parenethical when your software freaks out?

[Heather]

Do you need to put in a parenthetical if your software wigged out and you had to stop them to open up a new file? I've been starting to use macros and one totally freaked out today and started popping up all kinds of windows. I have all of the QA from my audio for the short part that didn't make it into the note file.

Thanks,
Heather

[Tricia McLaughlin]

Heather,

I usually put a parenthetical such as (A technical break was had/held). However you phrase a recess parenthetical, just change it to "technical break".

HTH,
Tricia

[Heather]

Thank you, that's perfect. Also, I should have asked, do I need to put myself in colloquy saying I'm having a problem?

Heather

[Heather]

I have another question.. sorry, I'm a new reporter!

One atty went to check on a fax and they didn't say off the record but he left the room. The other atty and the witness said a few things to each other, not really QA, and when the one atty came back they had an off-the-record discussion.. still without really saying off the record. Then the atty who was in the room the whole time said, "back on the record." So right now my transcript looks like this


Q. All right. Why don't we see if your fax came through.
A. Okay.
MR. O'CONNOR: I'll check.
Q. (MR. SNOOK) And Tim's gonna look at the answers and make sure you haven't said anything that shouldn't be said, and then he'll let me see them.
A. Okay.
Q. And then when we're done with that, I can maybe go through some of the background questions more quickly, okay?
A. Sounds good.
Q. All right.
(Break taken.)
MR. O'CONNOR: All right.
MR. SNOOK: All right. Let's go back on record.

Should I leave that stuff in or not?

Thanks again,
Heather

[Tricia McLaughlin]

Heather,

It depends on putting yourself in the transcript. It's a matter of opinion. I usually don't but I have at times. It depends how long we're off the record.

Regarding the second question, personally, I leave it out. If in doubt during the depo, I usually ask "Do you want this on?" That really gives you what they want.

HTH,
Tricia (who can't sleep - sigh)

[Tricia McLaughlin]

Heather,

Upon further thought (I just reread your post), if one of the attys was not in the room, I definitely would not put it in. If, as I read, it was just one atty and the witness in the room, I would put "off the record discussion".

Tricia

[Heather]

Tricia,
Thank you very much! That was very helpful. I wonder what new reporters did before there was internet forums, lol.

Thanks again,
Heather

[Heather]

Thank you, Kelli. I like that way too.

Heather

[Rosalie DeLeonardis]

I either put in like Kelli or I just put a parenthetical "Discussion between Reporter and so-and-so."

When the questioning attorney leaves the room without saying off the record, I use the parenthetical "Mr. so-and-so exits and returns proceedings" when it's short.

[Heather]

I like the exits and returns one. But what about in this case where there's then an off the record discussion after he comes back? Do you use two parentheticals or just one (off the record discussion) blurb?

Thanks,
Heather

[Rosalie DeLeonardis]

I have in the past, but have proofreader/reporter say it's not necessary, but it's my choice, so I usually put the two.

[Quyen]

I've had this happen to me. I was writing, but what I was writing was not showing up on my computer screen. One time it was because my port "fell asleep." Another time it was because my memory card was full. Both times I thought it was my CAT software's auto backup kicking in and I needed to just give it some time to "catch up." Nope. Obviously, there were Q's and A's that were not in the transcript. I had to use my tape backup to recover the portions that did not write (I don't use paper anymore).

The parentheticals I used were:

(Reporter experiencing technical difficulties)
(Off the record)
(The following portion was recovered from backup)
Q. Blah, blah, blah.
A. Blah, blah, blah.
Q. Blah, blah, blah.
A. Blah, blah, blah.
(End of backup portion)

Usually, when one attorney leaves the room to get a document or whatever and both attorneys are aware of what's going on and they're not fighting about the one attorney leaving the room, I just put a parenthetical:

(Mr. X exits the deposition room)

and I go off the record. Then when he returns and whoever says "back on the record," I just start from there. Attorneys OFTEN will not say off the record. I will ask, "Are we still on the record," and they will say yay or nay. :)

[April McMillan, CRR, RPR, CSR]

I had a tech problem two weeks ago while on a depo. Politely interrupted, told attys my computer froze, what are you gonna do, isn't technology great, yadda, yadda, yadda. Fixed the problem, went back on the record. I just use the (Short recess taken.) blurb and make sure I add my statement on the record right before it. And it's not a matter of "if" it happens but "when" it happens, because stuff happens.

As far as your other question, I wouldn't even put that stuff in the transcript.

What I do when an atty gets up and leaves the room to get a doc or make a copy and they do not state, "Let's go off the record," I say it. Makes life easier: "Counsel, we are now off the record." No one has ever challenged my doing so. Their heads are "in the game" and they don't always remember to state the obvious.