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Are your deposition transcripts falling short of the promise of being true and accurate? Start by looking at the certificate page.

deposition transcripts
Automated Speech Recognition (ASR) isn’t new, but now your record is in peril with its use.  Additionally, ASR companies (digital reporters) are not bound to the state and federal guidelines, skills, and code that stenographic court reporters are.  The myriad of pitfalls with digital reporting includes not only accuracy, but also reliability, unauthorized disclosure/dissemination of testimony and exhibits, HIPAA violations, and breach of confidentiality agreements, to name a few.

Please protect your record and take a moment to read this detailed on-point article recently published in the National Court Reporters Association Journal from our good friend and Immediate Past President of the Kentucky Court Reporters Association, Lisa Migliore Black, CCR, RSA with her assessment. 

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Protect YOUR Court Reporting Record!

court reporter

Have you recently shown up to a depo and realized the “court reporter” didn’t have a stenography machine?  You might have thought, “Wow, the court reporter doesn’t need one of those little machines anymore.”

The hard truth is you have just been part of a bait-and-switch scheme that may cost you your case.

Currently, there is a practice happening where unlicensed court reporting agencies, who claim they can’t find a licensed stenographic court reporter, are sending in a notary public to digitally record the deposition and have it transcribed later.

The Court Reporter Standard Certification Program (CR) provides statewide certification for persons in Arizona who are qualified to be certified.  Code Section 7-206 governs court reporter standard certification and applies to any person who records and transcribes a verbatim record in any sworn proceeding by means of written symbols or abbreviations in shorthand or machine writing in Arizona pursuant to Arizona Revised Statutes Title 32, Chapter 40.

Who is actually preparing the transcript if a Certified Shorthand Reporter didn’t show up? Protecting your court reporting record. 

These unlicensed agencies oftentimes send the digital recording to multiple transcribers who sometimes are located outside the United States.  The person showing up calling themselves a “court reporter” is not the one who transcribes the depo.  If your Arizona deposition transcript is not prepared by an Arizona Certified Shorthand Reporter, your deposition might not be admitted into evidence.

This deception is happening nationwide.  In a recent case in San Mateo County, In Re: McIntosh, Case Number SC023606A, Honorable Judge Scott upheld the Code of Civil Procedure and denied the admission of a digitally recorded deposition not prepared by a Certified Shorthand Reporter.

  “…[W]ith regard to the deposition of Mr. Dirickson, that it was taken pursuant to the Code of Civil Procedure 2025.340 for audio and video recording but was not stenographically transcribed pursuant to CCP 2025.340(m). It was simply given to a — even though Mr.  Dirickson was sworn in by a licensed notary, Cindy Cobb is simply a transcriber, not a stenographic transcriber as required by law.     

Meaning, a certified shorthand reporter.  So, the deposition of Mr. Dirickson would be inadmissible for — inadmissible on those    grounds.”  

“…[I] understand, Your Honor.  But we ordered a court reporter, and that’s who came.  I don’t know the technical difference between a transcriber and a court reporter.”

Unfortunately, this attorney, who had ordered a court reporter, was not sent a court reporter.  This is where you need to be diligent, protect your court reporting record, and be aware of what is happening in the court reporting industry by these companies who are trying to make you think you are hiring a court reporter.  Do not rely on the court reporting agency to send what you have asked for.

To make sure this doesn’t happen to you:

  1. Make sure your notice states “before an Arizona Certified Shorthand Reporter” and not “and/or a digital recorder, and/or a person authorized to administer an oath.”
  2. When scheduling, make sure to specify you are ordering a Certified Shorthand Reporter.
  3. If you are not the noticing attorney, make sure you check that the notice says “before an Arizona Certified Shorthand Reporter” and not “and/or a digital recorder, and/or a person authorized to administer an oath.”
  4. Verify that the person calling themselves a court reporter is actually an Arizona Certified Shorthand Reporter.  Always ask for their license number.

Remember, you have a right to object to the deposition officer’s qualifications.

Lastly, Arizona Certified Shorthand Reporters (commonly called “court reporters”) are licensed by the State of Arizona and have a board that was established to protect the consumer, YOU.  The court reporters boards throughout the country claim they do not have jurisdiction over these companies, who are unauthorized to provide professional court reporting services according to current Arizona law.  If you have a problem with your transcript or deposition officer who is not an Arizona Certified Shorthand Reporter, you will have no recourse.

If you have been subjected to this practice, please consider filing a complaint with the Court Reporters Board of Arizona.

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Covid: A Season of Service

 Rotary: People of Action

     As we all begin to take a deep breath, we find time to soak in the final statistics of an amazing April of Rotary in Arizona.

     Rotarians held over 60 projects all over Arizona.  Nearly 1,000 lbs. of trash were picked up in the Verde Valley, so much food was raised in Goodyear that American Furniture Warehouse is temporarily storing the excess, and (my personal favorite) food banks and schools were renovated and cleaned up in Chandler! Over 1,000 backpacks were filled with school supplies for Title 1 schools – pencil pouches, masks, hairbrushes, notebooks, so much more! Gardens and parks were cleaned up all over the state! Trees were planted! Hygiene kits were packed! Peace poles were brought to cities. The entire community in Prescott came together to raise money for local food banks.

 

     Was thinking out of the box always comfortable? Oh hell no.  Was it at times exhausting?   You betcha.  But the tragic ramifications on the impoverished due to the massive shutdowns from Covid screamed for Rotarians to quickly pivot, to step up, to be pressed to the limit.  After 18 months of tirelessly serving our communities during the peak of Covid, this fast-tracked behemoth undertaking was the brainchild of our outstanding District 5495 leadership and District Governor Elizabeth Mahoney, and Southeast Valley leadership of ADG Ed Anderson, as they encouraged, pressed, and supported we club presidents and our boards across the state to propel Arizona out of the starting blocks and rapidly emerge from the global pandemic.

     In an overwhelmingly short time, Rotarians embraced massive undertakings, engaging all generations. We had young children of Rotarians out at food drives and parks, Jr. High and High school Interact students at projects all over the state, Rotaractors in every city of the state, and positive, upbeat Rotarians even into their 90’s enthusiastically jumping into the challenge.

 

     Throughout history Rotary has stepped in and manned the front lines of every epidemic and catastrophe.  Thanks to selfless Rotarians and those who support us this has been a season to remember, a season to be proud of, a season of Service Above Self.   This is who we are.  This is who we have always been.

 

     Please, come join us. Your life will never be the same.

 

     Marty Herder, President
     Chandler Horizon Rotary
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Curbside Service via Remote Video Conference Depositions

The Coronavirus has us all worried about how to stay safe and healthy while supporting our favorite eateries, many of whom are offering curbside service. This got us wondering how we could continue to serve our Phoenix court reporting clients. What if more of our clients utilized our dual-encrypted, password protected remote video depositions? Over delicious takeout from Blue 32, we realized we had the answer.

Is your case starving for a discovery deposition? Herder & Associates is here to help!

Rather than postponing depositions 60 or 90 days or more while we are under a Stay at Home order, we can take it to a video conference. From the safety of your home, we can take depositions from your clients so that you’re ready when the courts open again.

Today’s technology is outstanding with both the American Bar Association and the National Court Reporters Association encouraging court reporting agencies like ours to utilize the technology, especially during these uncertain times.

In our article What You Need to Know Before Scheduling a Deposition in Phoenix, we discuss the importance of understanding the scope of work before calling to schedule a remote video conference deposition. While these standards still apply, we will also want to make sure all parties have the technology in place and know how to use it.

  • Webcam enabled device whether a computer, tablet, or smartphone.
  • Good internet speed and hardware if necessary.
  • Choose a quiet, private place.
  • Only the essential apps or programs open on the device so streaming is not interrupted.
  • Make sure to allow time for testing the technology before the appointed deposition time.
  • If testing leads to issues, you can always call in via phone to the videoconference.
  • Turn off all notifications on the chosen device. You do not want the stream interrupted.

If one of the participating parties does not have the technology, you are only as good as them. That makes it essential to test prior to the deposition time. Find a private, family-free, relatively quiet space to conduct the remote video conference deposition. We know this may be the most challenging part of the process and we understand. We have been cooped up with our families too!

Once you find the right space and time for the deposition, get it scheduled! There is no need to put it off while the financial clock eats away at firm resources and your client’s patience.

We are here to serve you curbside. Call Herder & Associates at 480-481-0649 to schedule a remote video conference deposition today!

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Service Above Self

(From the Arizona Court Reporters Association publication ArizoNotes, Spring 2019, Volume 47, Number 1 )

Hi friends. First, my thanks and appreciation to our ACRA board and our AzNotes editor for their selfless contribution each and every week to our profession. Also, a shout-out to all of those who have served before over the years. Thanks to each of you, we as a court reporting family are better situated, better prepared and better informed.

My father-in-law Harold, (“H”) was a force to be reckoned with. Direct, bold, successful, yet extremely generous with his time. I particularly enjoyed and respected his business acumen and sense of community participation. H was a Rotarian, and he planted the seed of volunteerism from the day I first started dating his lovely daughter, Ann.

One day after a depo a client, who I also respect deeply, brought up joining Rotary. With an infectious smile, he invited me to breakfast at the Chandler-Horizon Rotary Club. That was 17 years ago. At the time Ann and I were overwhelmed. We were building a brand new business. We had a two-year old and a newborn, and we had just moved into a new house in the middle of nowhere, miles further out than I’d ever commuted before. Also, I was commuting back and forth to Los Angeles several times a month to comfort mom during her battle with cancer. I remember driving to my first Rotary meeting thinking, “What am I doing? I’ve got no time in my schedule doing charity work for strangers.”

I could not have been more wrong. I, like many, had no perception of the profound and positive influence a life of “Service Above Self” would have on me, my family, my friends, and most importantly those that we serve.

The Chandler-Horizon Rotary Club is an award-winning, dynamic Chapter of Rotary International . We work tirelessly throughout the year, volunteering with many organizations and causes to provide extra hands, love, and our commitment to help in order to make sure that as many needs as possible are met.

Is it exhausting? Sometimes. But, it’s been one of the most joyful and rewarding decisions of my life. The men and women of our Rotary “family” like most volunteers, are the most kind and giving human beings you will ever know. Whether its Saturday mornings at food banks, Friday night fundraisers, or weekdays volunteering at a local shelter, each week is a new opportunity for adventure with other enthusiastic community volunteers from all backgrounds and walks of life. I have learned that volunteerism is an amazing way to broaden your life experience while having a tangible, positive impact on your community

When Hurricane Harvey hit land, we Rotarians hit the ground running, tirelessly collecting supplies and emergency funds for victims, and sending a team to Houston to rebuild homes.

In 2018 alone I was privileged to be a part of many of our ongoing fundraisers and efforts for the Desert Cancer Foundation of Arizona, Foundation for Burns & Trauma, building storage rooms for The Clothes Cabin, helping build a well in Nigeria, fundraising for an eye clinic and water project in India, providing natural disaster Shelter Boxes to Haiti, working with Hope Crisis Animal Assistance, participating in The Rotary Third Grade Dictionary Project, boxing food for Feed My Starving Children, United Food Bank, and the Chandler Food Bank (Azcend).

In December, there was the tearful, but rewarding “Juguetes para ni?os” (Toys for Tots) in the expansive barrio of Puerto Penasco, Mexico helping “Santa” distribute 100s of toys, clothes and food to poverty-stricken masses of children.

I’ve stood crying with veterans of all ages organizing the Healing Field at Tempe Beach Park, and laughed with grateful 4th graders during the Back-to-School Backpack Project.

Apparently passion is contagious, as both of my teen daughters have spent their high school spring breaks and vacations on mission trips volunteering around the country. My youngest (16) went to Malawi Africa last summer with a team to support the medical clinic and orphanage.

Ask anyone who knew me 30 years ago, and they’ll tell you that Rotary and a life of “Service Above Self” has changed my life in more ways than I’ll ever be able to repay.

We’re all in this chaos together, with our insane schedules and busy beyond comprehension, right? But, think about this: The need is equally overwhelming. The world needs more people like YOU.

So, wherever you’re at in life, whatever you current level of service work or charity is, the next time you ask yourself, “What can I do?”
The answer is simple: “More.”

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The Best Court Reporters in Phoenix Have These Qualities

Best Court Reporters in Phoenix

Just this week I saw a post on social media asking where current phone books could be acquired and the comments were hilarious. While one response was to set up a time machine and go back a few decades, most were along the lines of, ?check Google,? and, ?as long as you?re here in this neighborhood group, just ask us.? While I don?t know why they wanted the yellow pages, I suspect they were a student conducting research or someone seeking a simpler way of finding information. If they were looking for the best court reporters in Phoenix, I would?ve recommended they call Herder and Associates!

Our full-service court reporting agency specializes in utilizing state of the art technology and certified professional court reporters for every aspect of litigation, hearing and arbitration testimony, and audio transcription.?

If you?re an Arizona attorney in need of a court reporter, keep these qualities in mind.

Technical Expertise

We specialize in large, complex cases which means there is no room for technical errors. Our court reporters use the latest technology to capture and transcribe testimony and are familiar with industry-specific vocabulary and medical terms. While this should be the standard, it isn?t always the case; we?re dedicated to making sure you?ve got the best court reporter for your case.

Accuracy?

Whether you?re calling someone from the yellow pages or you?re an attorney reviewing witness testimony, what you?re reading has to be correct right down to the last word. In addition to being the record of exactly what was said at the legal proceeding, our work must be free of errors, typos, and grammatical errors.

Speed?

When it comes to the best court reporters in Phoenix, it?s not enough to have a high rate of accuracy. Our court reporters are also able to type quickly while listening and capturing all of the speakers throughout a case. When legal teams talk over one another or when a witness simply points to answer a question, it can make for a challenging day!

Focus

A distracted court reporter isn?t nearly as effective as a focused one for the simple reason that in order to capture what is happening, they need to concentrate. There?s no checking messages or updating social media when they?re working. Not only that but proceedings can be long and tedious so reporters need to be on their game and able to effectively deliver the transcript on-time and accurately to our clients.

Whether you found us in the yellow pages, Google, or another way, we?d love to work with you. We strive to work with the best court reporters in Phoenix who have a combination of qualities that include speed, accuracy, technical expertise, focus, and experience. If you?re looking for the best of the best, give Herder and Associates a call to schedule your next deposition.

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What You Need to Know Before Scheduling a Deposition in Phoenix

Scheduling a Deposition in Phoenix

Before scheduling a deposition in Phoenix, it?s important to have specific information about the case, including witness names, to give to the court reporter prior to the deposition. While it can seem like a needless task, we promise it will help make the actual deposition run more efficiently and your court reporter will appreciate your effort.

Scope of Work

When scheduling a deposition, it?s important to understand the scope of work. That will help your court reporting firm find the right reporter for your case. If you anticipate needing a court reporter longer-term, that?s important for us to know so we can check availability of our team. If you need final transcripts on a rush status, have multiple exhibits to log, or need to hire a legal videographer, let us know ahead of time.

Specific Dates and Times

The sooner you can communicate specific dates and times, the easier it is for us to schedule our court reporters for you. That?s especially true if you have a request for a specific reporter.

We?d also want to know where the deposition will take place. If it?s in the Phoenix metro area and you need someone on-site, that is likely easier than if you need them on-site in Yuma or Globe. We can certainly do our best to accommodate those requests and/or suggest a reporter who can work remotely.

First-time Deponents

If your witness is a first-time deponent, you or someone from your legal team may want to spend extra time pre-deposition talking about why they?ve been called and what they can expect. That will help the actual deposition day run more smoothly. Your court reporter will appreciate your effort to make the witness comfortable.

Witness Names

If you can provide a witness list to the court reporter prior to the deposition, that would be most helpful. It?s their job to make sure names and titles are spelled correctly so if they can familiarize themselves with that information ahead of time, it will make the deposition a more efficient process.

Whether it?s your first time scheduling a deposition in Phoenix or your 100th time, Herder and Associates is here to help. Give us a call to schedule today!

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Making Time for What Matters Most

time for what matters most

In today?s busy and complicated world, it?s easy to get caught up in technology, political debate, or personal drama that surrounds us. It?s overwhelming and for some professionals, makes us feel like what we do doesn?t matter. Let me tell you that whether you?re an attorney, Phoenix court reporter, or other profession, if you?re passionate about what you do, you and your work matter.

How do we make time for what matters most?

For years I?ve said that I want to give back to the community but I couldn?t find the time. Shame on me because once I made it a priority to help others a few good things started happening.

How did I find the time? I found it simply by putting away my phone, turning off the television, and blocking my calendar for what matters most – volunteer work and spending time with loved ones. For me, it was really about reflecting on what I wanted and taking steps to make it happen.

It has been quite freeing.

As I made time for others, I met like-minded people and built a new circle of contacts. I was also able to cut ties with people, organizations, or events that didn?t fit my new priorities. It wasn?t an easy process but if you know what you want, you really can achieve anything, no matter how busy your life seems at the time.

Are you excited about being a court reporter? We need your help!

Begin by sharing your own experience on social media sites like Facebook and LinkedIn, connecting with people seeking career options, and mentoring students. We need to get the word out that court reporting isn?t just in the courtroom. We?re covering legal cases as well as business, political, sporting, and other events and there are benefits of being a court reporter like earning potential and flexible schedules. This is especially important during this time of uncertainty in the industry with a looming court reporter shortage.

What matters most to us professionally is that we?re helping the community while raising awareness of this growing industry that is helping clients across Arizona.

Ready to get started? Contact Herder and Associates today!

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Ways to Save on Your Next Deposition

Ways to Save on Your Next Deposition

Whether it is saving time or money, if you?re a member of legal team, it?s likely you are looking for ways to save on your next deposition. Building relationships, setting pricing while controlling costs, and creating efficiencies will go a long way to creating the successful firm you desire. It can begin simply by partnering with a court reporting firm.

Benefits of a Court Reporting Firm

As your Phoenix based court reporting firm, Herder and Associates strives to make your job easier by providing experienced nationally certified court reporters for all aspects of litigation, hearings, and arbitrations. We understand the importance of not only providing the right court reporters and conference rooms to our clients across Arizona, but we also strive for a seamless client experience. Using the latest technology, we build business relationships with you that we hope last for years.

It is the process and experience that saves our clients time and money and we?re proud to serve legal teams across the state. Don?t be afraid to ask for quotes from other firms (we promise we won?t be offended) as you will find we offer the best value for the money.

Opposing Counsel

On a similar note, if you?re seeking to keep court reporting costs low for your next deposition, ask opposing counsel if they would like to also use our firm. We can house the case calendar, transcripts, exhibits, errata sheets, and invoices in the same secure repository so there aren?t duplicate charges to access the same information. This will also be more efficient and more consistent than if two court reporting firms were utilized for the same case.

Video Conferencing?

Let?s face it. Arizona is a really big state making even intrastate travel costs expensive. Consider our video conferencing service rather than driving to remote locations. Not only will it potentially save you in travel costs, it can save in time as well. You can conduct depositions in Phoenix and Yuma, or anywhere around the globe, on the same day right from our state of the art video conferencing suites located ?in central Phoenix.

We like to say all you need to do is make the call to us and we can do it all. No matter where your clients are located, we have the team in place to serve you and your legal team. Contact us today to learn more.

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Before You Hire A Court Reporter, Ask These Questions

Hire A Court Reporter

You?ve been handed a case and need to hire a court reporter. Where do you go and what do you ask? While search engines may provide a start for your search, we encourage you to call and ask these questions. Just like with any important hiring decision, you want to make sure you?re onboarding the right candidate for the job.

What is your experience?

While court reporters are an average age of about 53 years old, that doesn?t mean they all have the experience you need for your case. In fact, they may be new or second career reporters so it?s important to ask about the type of cases they?ve worked. Rather than spinning your wheels trying to find a reporter, contact an agency like Herder and Associates who can match you with the right reporter, follow a process, and deliver a final transcript by deadline.

Are you certified and trained?

This is an especially important question for a couple of reasons. Arizona is a transient state meaning many people aren?t from here and they tend to move here and then to another state. Not all states require court reporters to be certified so it is important to ask. In Arizona and surrounding states, certification is a requirement. The National Court Reporters Association (NCRA) offers certification and continuing education (CEU) so that reporters are up to date on technology and best practices.

How much advance notification do you need to schedule a deposition?

At Herder and Associates, we strive to provide the most qualified court reporters to all of our clients. While we?re always working to meet your timeframes, the more advanced notice you can give us, the better it is for us to be able to schedule the right court reporter for your case or project.

What is the cost and timeframe for transcript turnaround?

When you call to schedule your deposition, we will provide the cost and timeframe. If you need an expedited transcript, please let us know at that time. Prices may vary depending on how soon you need the final transcript. The more information you can relay to our team, the better we can provide the product and service you desire.

Before you hire a court reporter, ask these questions to be sure you?re getting the reporter that can work best with your legal team. Have more questions or need to schedule a court reporter? Contact us today.

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