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A
deposition is the giving of testimony
under oath, the actual testimony of an
individual or individuals. Depositions
are taken before a case goes to trial,
during the discovery phase of the case.
An
exhibit is a document or object shown in
court as evidence. Exhibits are marked
with an identifying number by the court
reporter and then indexed and described
in the transcript of the proceedings.
A
Latin phrase, meaning on one side only,
is ex parte. An ex parte hearing is
held in behalf of one party only.
An
expedite is a job that has been
explicitly ordered by one of the
attorneys at a deposition to be
delivered sooner than normal in exchange
for an increased fee.
A
type of witness who gives testimony in
relation to some scientific, technical,
or professional matter is an expert
witness.
Interrogatories are formal or written
questions, or series of questions, which
must be answered under oath. In some
cases, there is no attorney present at a
deposition. Rather, the court reporter
is given a written list of questions
which she herself asks the deponent and
then reports his answers. Such a court
reporting job is referred to as an
interrogatory.
The
word “job” refers to one court reporting
event. A reporter’s work at one
location on one day with one client is
usually what defines a job, and may
cover multiple deponents.
Litigate means to carry out a dispute
or contest with someone before the law,
or to sue someone.
Litigation is a contest in a court of
justice for the purpose of enforcing a
contract or right.
All
of the tools that an attorney may use to
help categorize and display information
about the case, things that support the
litigation, are broadly referred to as
litigation support. This often includes
visual aids used in a courtroom such as
charts and computerized recreations of
an accident scene. In court reporting,
litigation support refers more narrowly
to the production of transcript text in
computerized form, such as an ASCII copy
of the testimony on diskette, or graphic
copies of the exhibits on CD-ROM.
A
motion is an application, usually from
an attorney, made to a court or judge
for an order or ruling.
The
original stenographic marks made by a
court reporter during the proceedings
being reported are called notes. Notes
can be made by hand with pen and paper
or with a steno machine. A steno
machine prints the notes on folded paper
tape and may also record them in
electronic form such as a computer file
on diskette. Notes usually refer to the
stenographic record of one session.
In
a legal sense, a notice is information
or written warning, in more or less
formal shape, intended to inform a
person of some proceeding in which his
interests are involved, or informing him
of some fact which is his right to know,
and which it is the duty of the
informing party to communicate. When a
lawyer subpoenas a witness, he also
gives notice to other counsel in the
case of where and when the testimony of
whom will be taken.
O
and 1 is a term which means that the
original transcript plus one copy is
being made of a transcript. O and 5
would mean the original plus five copies
are being ordered.
A
person who takes part in the performance
of any act, or who is directly
interested in any affair, contract, et
cetera, who is actively concerned in the
prosecution and defense of any legal
proceeding is called a party.
P.I.
stands for personal injury. It is a
category of litigation which involves
individuals who are victims of personal
injury.
The
plaintiff is a person who begins a
lawsuit. The plaintiff accuses another
of wrongdoing.
Realtime as a computer term means
happening right now, in present time.
It is used loosely to refer to
techniques and types of software used by
attorneys and reporters during a
deposition.
The
earliest use of the term “realtime” in
court reporting referred to the
concurrent translation of the reporter’s
notes into English. Up until recently,
translation was done after the
deposition was taken, typically on a
computer back in the court reporter’s
office. The reporter’s notes, recorded
on tape or diskette, were fed to a
desktop computer. With the advent of
powerful notebook computers, it is now
possible for a CAT system to translate
the notes as they are stroked in by the
reporter. The reporter’s steno machine
is connected to her notebook computer by
a cable and the data is transferred over
that wire as it occurs instead of later
on a diskette. The notebook computer
translates the notes as they are
received.
The
term “realtime” is more recently used to
refer to the simultaneous broadcast of
the text of a deposition, in realtime,
from the reporter’s realtime CAT system
to one or more attorneys’ computers.
This is captured by a program running on
the attorneys’ computers that is
designed for this purpose. This program
allows the test to be marked, annotated,
searched, reviewed, or printed during
the proceeding or immediately afterwards
without distracting the attorney. A
more formal but less popular name for
this technique is CIC, or
computer-integrated courtroom.
The
process of editing the first rough
translation of the court reporter’s
notes into final form is called
scoping. A court reporter may do this
step or may hire a scopist. The scoped
transcript is then proofread by the
reporter.
A
stipulation is a name given to any
agreement made between the attorneys
having business before the court. It is
not binding unless agreed to by all
counsel present, and most stipulations
are required to be in writing. In a
deposition, a stipulation is often
spoken into the record by the taking
attorney and agreed to verbally and on
the record by the other counsel present.
Stroke means to press the keys on a
steno machine so as to produce
stenographic marks. The keys are often
pressed in combinations using both
hands, somewhat like playing a chord on
a piano. Each downward motion of the
hands is a stroke and the mark so
produced is also sometimes referred to
as a stroke.
The
taking attorney is the one who ordered
the deponent to appear for questioning.
The taking attorney notices others in
the case about the time and place of the
deposition, subpoenas the deponent if
needed, and orders the court reporter.
The
statement or declaration of a witness
under oath is their testimony.
The
written copy of what occurred at a legal
proceeding, produced by the court
reporter from stenographic notes taken
at the time, is called the transcript.
Uncertified notes is a term that refers
to the first rough translation of the
reporter’s notes into English. Because
the text has not yet been edited and
proofread by the reporter, the reporter
cannot certify that the record is
complete and correct; therefore, the
text is said to be uncertified. Another
phrase for this is rough transcript. An
attorney using a realtime program at a
deposition is receiving the uncertified
notes or rough transcript of the job.
Untranslates
are instances of untranslated
stenographic markings appearing in a
work which has been translated from
stenographic notes. Untranslates will
be present in a transcript which has
been translated but not yet scoped, and
some will appear in realtime text during
a deposition.
The
worksheet is a cover sheet attached by a
court reporter to each job, giving all
the data necessary for rapid processing
by the agency.
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