Reading Back and a Reporter's obligation

[Laura E. Thornsberry]

I took an all-day depo and after the deposition, the attorney asked for a "rough draft".  So after going home and working on it all night, I sent him a "rough draft."  The next day he asks me to read from the "rough draft" certain sections into the record, which I complied.  The opposing counsel objected, of course, and made a comment that now an uncertified transcript is "in the record."  I don't usually add what I read into the record word for word.  I always put in a parenthetical.  (Record read as requested.)    I"m curious as to what I should do now.  Has this ever happened to any of you?  Also, they had me read back at least like 20 times during this deposition.  If I put in what I read, wouldn't I have to do that for every single time I read back?  Any advice would help!!

[Quyen]

Okay, I knew I wasn't crazy.  The CSR Board says, "It is the duty of the CSR to read back from the stenographic notes, which are the official record, and no playback of the recording in lieu of readback is allowed."

 

Here's the link:  BAM (Backup Audio Media)

[Quyen]

This is interesting.  I didn't realize there are reporters still playing the audio back as opposed to reading back.  If I remember correctly, the CSR Board has issued a best practices or some such guideline that says reporters must read back and are not permitted to play the audio. I'll have to see if I can find it.

[Judy]

You're right, Rosalie.  I didn't think it all the way through.  I've just heard of reporters playing audio vs. reading, and wanted to make sure they were include "those" instances in quoting it in a parenthetical.

[Laura E. Thornsberry]

Thanks for all the comments.  That helps.  I was always taught to just put in the parenthetical (Record read as requested.)  But then a court reporter friend told me she puts it in.   Makes senses, as Kelli says, because then the record is very clear.  So I started to quote the previous question, and I would write:

(Record read as follows:

"Q.   What did you.....")

But I would go back and forth as to which way I would do it, just because I wasn't sure if it was appropriate, as I have heard many reporters say that our words should never be a part of the record. 

The other day, when the attorney asked me to read almost a full page of a rough draft, I hesitated (and I should have listened to that nagging feeling) but I went ahead not realizing the extent of what I was doing until afterward when opposing counsel objected as I was now inserting an uncertified record into the record.  So I thought maybe I could avoid that by just doing it the way I always used to, that is, parenthetical of (Record read as requested)  But if I do that, I will have to do that to each and every time I read into the record for consistency.  And as many times as I had to read back, for clarity, I think quoting the actual part of the record would make for a clear record. 

Anyway, still not sure exactly what I should do, but I appreciate all your comments.  And, Judy, I'm sure my post was confusing... i wasn't quite sure how to word it.  Sorry about that.

[Rosalie DeLeonardis]

I think if audio is being played back that the reporter should put the parenthetical (Audio played back) as opposed to citing the page/line number of exactly what was read back by the reporter.

 

[Judy]

Way back when -- I'm going to date myself further back than Quyen -- I would have said a parenthetical is all that's necessary.  But nowadays, I've gotta say, if they want that much stuff read back, they should have ordered a realtime screen.

Plus, our time is money.  If they're taking up a good chunk of the day having us read back, we're not making any money, and they should be charged for it.  The only way we can charge for it is if we insert it as a parenthetical (and I do mean indenting both margins 5 spaces). 

None of that applies to reporters that play back their audio for a "read-back," though.   If audio is being played back, then I think how Rosalie described, the page/line number, is applicable.

But I will add that I don't understand what the first part of your post is asking.  I think I started understanding at "I don't usually..."

[Quyen]

If that had been me, I would have politely but firmly declined to read back from the rough and explained that a rough cannot be cited/used in any way to rebut the final transcript per code, as it has not been certified.  But if you are sure you cleaned it up to a point where that is not an issue, then I would quote what you read back. 

I do my read-back blurbs exactly like Kelli does. The attorneys actually like the read-backs quoted, and as Kelli has already mentioned, it makes the record absolutely clear what was read back and what question the witness was answering, if that is the case. I, too, have had attorneys request that the read-back be quoted, although I have been doing so for many years. Ugh, now I sound old, "for many years." :(

I had a very contentious case one time, where all involved were very "emotional."  Just for kicks, I counted all my read-backs for the day, and there were more than 35 instances. The extra pages were a nice bonus. :)

[Rosalie DeLeonardis]

When I do read back in a normal deposition, I just put (Page 39, Lines 10 to 15 read back by reporter).

In your situation you can probably put in (Read Rough Transcript of Deposition of Joe Blow, 8/7/12, Page 5, Line 1 to Page 15, Line 22 by reporter.)

[Kelli Combs (admin)]

I always put in what I read.  For example: 

              (Record read as follows:      

               "A    I'm not a lawyer.  I'm not a partnership lawyer. 

                I'm not sure about the scope of the limited partnership agreement

                or the partnership law.")

Also, you get way more pages putting in the record what you read.  I've had many attorneys request that I do it, even though I do anyways, so it is a must.  I had one attorney have me read back every question almost in a depo.  I added it up, I got an extra 40 pages from the readback.  Let's face it; none of us like to read back but you might as well get the extra pages for it.

Also, if you just put (Record read) how is anyone supposed to know what was read if you don't put it in the record, especially if the job is not videotaped?  I had a job on Friday where I went back two or three pages and read an answer into the record.  Had I not put that in the transcript, how would anyone know what was read?  Makes for a very unclear record.