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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.

The current uncertainty of the Covid-19 pandemic is not relenting.   Stay-At-Home orders, while relaxing in some jurisdictions currently, are predicted to be phased in and out throughout 2020 and beyond depending on expected subsequent waves of the virus.

Courts nationwide have entered orders rejecting extending deadlines and are now requiring that depositions be taken by remote means.   It is time to move forward accepting that our current circumstances are going to be here for a while.

Federal Rule 30(b)(4) provides that “[t]he parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means.”  Arizona RCP mirror this language.

As discussed in our article Momentum: Use It or Lose It, it is predicted that dockets will be backlogged for months.  One must now seriously consider the devastating domino effect that any further delay in taking depositions will cause to their client’s matter, and their reputation.

There are practical considerations a litigator will face when taking a remote deposition.  Instead of hoping you’ve read the right article, let us do our job.

We walk counsel and their staff through these logistical nuances each and every day.  Our platform is encrypted, password-protected, and is FedRAMP (Moderate) and SOC2 rated.

Obviously, remote depositions require integration of various audio and video equipment.   Not to worry, we’ve got your back.  Whether there are 3 parties or 30, at no additional charge we reach out and conduct practice runs with you, opposing counsel, and the witness to test technology, share best practice, and answer questions.

As impartial officers of the Court proficient with video conference technology, we help ensure the propriety of the process.   There are best practice protocol that you MUST require be carried out, such as the certified court reporter having control of all hosting functions, disabling any chat function, monitoring band-width and audio integrity in real time, simultaneously marking exhibits, and video recording only on-the-record testimony, just to name a few.   There is also a plethora of experience we bring, contributing to the confidence that you are geared up and on point for remote depositions.  These are standard functions that our elite team welcomes providing to ensure the integrity of each proceeding.

Please, do not be intimidated or put off by this technology.  This is what we do.  This is what we’ve always done.  We are your certified technical support assistant from end-to-end for all your remote video conference proceedings.

Bring it.

Whatever you need, whenever you need it.

Your customer doesn?t care how much you know until they know how much you care.”

Phoenix, AZ (PRWEB) June 23, 2017

AZ?s Herder & Associates Delivering New Educational Deposition Program

Herder & Associates, a prominent AZ court reporting firm, is now offering presentations that help highlight the role of court reporters and how to conduct depositions effectively. Titled “So You Think You’ve Heard it All? Everything you need to know to take a Deposition,” company owner Marty Herder relies on his years of experience as a court reporter to provide information about best practices in the field.

These free presentations are used to assist law firms in teaching young associates the do’s and don’ts of taking a deposition. Think you’ve heard it all? Think again. Marty Herder, President of Herder & Associates, brings 37 years of experience in over 5000 proceedings to your team, sharing nuances and tips that are unique to the deposition arena. Mr. Herder is a Past President of the Arizona Court Reporters Association, Court Reporting Program Advisory Board Member – Gateway Community College, Official Reporter for the Arizona Independent Redistricting Commission, Former Arizona Delegate -National Committee of State Associations (NCSA), mentor and guest speaker.

Depositions are often a crucial component of preparing for a case, but small mistakes made by attorneys and firms can prove problematic later in the case.

?All too often,? Herder says, ?A law firm can start off on the right foot for a deposition following a proven path for success. Having worked with hundreds of depositions, I?ve had the privilege to see what makes for a smooth and effective process.?

The topics covered in the presentation include:

How to be effective when the other side is aggressive
Rules and procedure lawyers should know
Common traps lawyers fall into
Frequently made mistakes during the depo process
How to conduct witness prep for maximum effectiveness
Controlling your environment during the depo
Setting goals for each deposition and meeting them

In addition to basics of procedure, these presentations also outline tips for success based on Herder?s personal experience working with many cases. For law firms looking for a great adjunct presentation to supplement any in-house CE programs, seasoned veteran Marty Herder provides an innovative and beneficial program to help law firms get the most out of their deposition process.

Herder & Associates is a full-service court reporting firm based on Phoenix. The company has earned a reputation as a local leader and been a popular choice for attorneys who need reliable and experienced court reporting help. To learn more about services offered by the firm, visit courtreportersaz.com

Herder & Associates provides court reporting services statewide throughout Arizona and enjoys an excellent reputation in both the legal and reporting field throughout the Southwest.

At Herder & Associates, we specialize our services to fit your every need.?? Let us streamline your scheduling challenges of?your next deposition by calling us now at (480) 481-0649, and you will know the peace of mind that comes with relying on the most professional and respected court reporting and litigation support services available.

Another epic week here in the Grand Canyon State.

Another epic week here in the Grand Canyon State.

 

Another epic week here in the Grand Canyon State.

WM Phoenix Open 2015.?

Tiger, unfortunately, finishes the day dead last??

@+11 (82)???

Worst round ever on PGA Tour.??

(Remember: Golf is flog backwards.)

Still a beautiful day, and great to be a Zonie.

 

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The Ninth Circuit Oral Arguments come to the University of Arizona

The Ninth Circuit Oral Arguments come to the University of Arizona

 

Here is an exciting opportunity!

As part of its statewide public education effort,

the United States Court of Appeals for the Ninth Circuit

will hold oral arguments during an upcoming visit to University of Arizona,

James E. Rogers College of Law, Ares Auditorium, January 29, 2015

This judicial visit will include arguments in 3 cases:

Adobe Systems v. Joshua Christenson,

Arizona Libertarian Party v. Ken Bennett,

Mauricio Margain v. Elsa Ruiz-Bours.

Join us.???Don’t miss this chance of a lifetime to see the very finest of the legal profession argue.

http://www.law.arizona.edu/events/court_of_appeals_us/court_of_appeals.cfm

 

 

In Arizona, locally-owned, community active, with all the litigation-support services a national agency offers;?Arizona?Litigation Support, LLC. National certification and experienced, with personalized owner-operated service.??http://www.courtreportersaz.com/

Conference rooms, experienced certified reporters and videographers throughout Arizona.??? We are your cost-containment specialists.

 

 

Local Court Reporter Marty Herder Contributes to New Book

The National Court Reporters Association (NCRA), the country's leading organization representing stenographic court reporters, broadcast and CART captioners, and legal videographers, today announced that Marty Herder, a freelance court reporting firm owner of AZ Litigation Support in Phoenix, Az., is a contributor to the recently released book Court Reporter Survival Guide: School Success Stories, a collection of essays and tips about making it through court reporting school written by freelancers, officials, CART captioners, and current students.

The National Court Reporters Association (NCRA), the country’s leading organization representing stenographic court reporters, broadcast and CART captioners, and legal
videographers, today announced that Marty Herder, a freelance court reporting firm owner of AZ Litigation Support in Phoenix, Az., is a contributor to the recently released book Court Reporter Survival Guide: School Success Stories, a collection of essays and tips about making it through court reporting school written by freelancers, officials, CART captioners, and current students.

Court Reporter Survival Guide features heartfelt collection of stories for professionals and students

The National Court Reporters Association (NCRA), the country’s leading organization representing stenographic court reporters, broadcast and CART captioners, and legal videographers, today announced that Marty Herder, a freelance court reporting firm owner of AZ Litigation Support in Phoenix, Az., www.CourtReportersAz.com, ?is a contributor to the recently released book Court Reporter Survival Guide: School Success Stories, a collection of essays and tips about making it through court reporting school written by freelancers, officials, CART captioners, and current students.

 

“This collection is a true Chicken Soup for the Soul type book that offers advice and insight from the only people who really understand the ins and outs of court reporting: other court reporters and captioners,” said Jim Cudahy, executive director and CEO of NCRA.
“Professional court reporters engage in a rigorous training that includes both educational components and skill development-much like learning to play a new instrument-with a high degree of skill and accuracy. As such, court reporters share a common pride and sense of accomplishment for having completed their professional training. This collection serves as a good reminder to court reporters that despite the sometimes difficult road to earning their place in this unique profession, the ultimate achievement of becoming a ?keeper of the record’ was worth it,” Cudahy added. According to a recently released report by Ducker Worldwide, demand for court reporters will exceed supply within five years, yielding a nationwide shortage. By 2018, there will be 5,500 new court reporter jobs available in the United States. Further, the average starting salary for court reporters is $43,000. According to the U.S. Bureau of Labor Statistics, the growth rate for court reporting salaries is expected to increase by 14 percent through the year 2020. The softcover book – which includes the eight chapters: Superheroes in Training; The Road Less Taken; Motivation; Learning to Juggle; Lean on Me; Practice, Practice, Practice; Testing Our Limits; and A Few Extra Briefs – is filled with rich content direct from the trenches. Insight and advice range from small snippets to essays that recalled the inspiration offered by friends, family, and mentors, as well as coping with the anxiety created by drills, tests, and hours of practice each day. The book also contains numerous testaments from contributors sharing the many benefits, rewards, and opportunities court reporting has offered them.

 

Herder is one of more than 60 of working court reporters, CART captioners, and students to have provided input. The content is often humorous and always thoughtful, and it includes an abundance of motivation for any reader.

“I was very fortunate that a respected professional reporter was selfless enough to mentor me at a very young age. I get so much out of paying it forward, and strive to live by Rotary International’s motto of ?Service Above Self’,'”?said Herder, the immediate past president of the Arizona Court Reporters Association.

 

He currently serves as the Arizona Delegate for the National Committee of State Associations, as well as current president of the Arizona Litigation Support Court Reporters in Phoenix.

The Court Reporter Survival Guide: School Success Stories is available for purchase from NCRA’s online store. For the full 2013-2014 NCRA Industry Outlook Report, or to learn more about the court reporting profession visit crTakeNote.com, or visit NCRA.org for career information about the court reporting profession-one of the leading career options that do not require a traditional four-year degree.
About NCRA The National Court Reporters Association (NCRA) is internationally recognized for promoting excellence among those who capture and convert the spoken word to text for more than 100 years. NCRA is committed to supporting its more than 16,000 members in achieving the highest level of professional expertise with educational opportunities and industry-recognized court reporting, educator and videographer certification programs. NCRA impacts legislative issues and the global marketplace through its actively involved membership. Forbes has named court reporting as one of the best career options that do not require a traditional four-year degree and the U.S. Bureau of Labor Statistics reports that the court reporting field is expected to grow by 14 percent through the year 2020.

In Arizona, for all your?court reporting and conference room?needs, visit:? ?http://www.courtreportersaz.com/

For Scheduling:? [email protected] or phone:? 480-481-0649

“Whatever you need, whenever you need it.”

 

 

 

 

Local vs. National

Local vs. National

 

Why are you letting your client pay Wall Street page rates in, say, the Grand Canyon State, when the most experienced, highly respected professional court reporters own businesses in your back yard??? Insist that your personally-vetted, LOCAL court reporting professional be present at your deposition.

Locally owned companies with a vested interest in the community, in fact, do create a greater economic impact, indirectly supporting more jobs, payroll and output locally.

National “body brokers” of court reporting services, by their very nature, are controlled from central headquarters ? which could be anywhere in the world.? In many instances, they do not even have a brick-and-mortar business in your state, and they blindly throw a dart into an unknown pool of anonymous reporters. Sound familiar? They are making decisions based on factors which might not have anything to do with what is right, or legal, for one particular location, business or community. Any cost-containment or savings promised by a national firm is illusory, as rates from all over the country much higher than local rates are calculated into their price matrix.?? In many cases, you are simply throwing your client’s money away.

Several of these national firms who procure exclusive third-party contracts with carriers, have a history of suing individual states (taxpayers), practicing in gross violation of local codes, and even bankruptcy, leaving local vendors, consumers and property owners holding the bag for unpaid services, payroll and leases.

Think of your client first.?? Operating under an exclusive contract with a supposedly-neutral officer of the court doesn’t even pass the sniff test of impartiality.?? Does it??? You and your client are being charged more for the layers of administration for like or inferior customer service.

Locally-owned, community active, with all the litigation-support services a national agency offers;?Arizona?Litigation Support, LLC. National certification and experienced, with personalized owner-operated service.?? http://www.courtreportersaz.com/

Conference rooms, experienced certified reporters and videographers throughout Arizona. We are your cost-containment specialists.

 

[Statements on this blog reflect the author?s personal opinions and?may not reflect the views or policies of any other organizations or institutions with which the author is affiliated, and?are not intended to malign any ethical and code-abiding organization, company, or individual.]

Alex RodriguezA-Rod?s lawyers want to ensure privacy of?the Record as he is being questioned about personal medical issues.? Rightfully, the?judge has indicated, as with?EVERY witness,?that there are valid concerns about sensitive medical queries becoming public, as?A-Rod’s?counsel seeks to avoid leaks of his testimony.
But what about your client’s transcript?? Or, is your client making you an accomplice to violating Federal HIPAA compliance?

What if the reporter works for a national, third-party contracted firm that, like most, are completely unregulated by the host state in which the deposition is being taken?

Once that …reporter “turns in” the electronic file of the transcript to his/her out-of-state contractor, (shares custody/control), what protection or prohibition is there from that testimony & private personal information going public once it resides in the massive database of the out-of-state,?unregulated, third-party contractor and their carrier clients?

These are the issues that?state leadership across the country demand that we in the legal and reporting community address and shore up, in spite of all the?feigned indignation?that we would dare impugn the Great and Powerful?Oz, who publicly market and advertise that they pass around data with their other clients?like Chiclets at a border crossing.

Alex Rodriguez Wants To Keep Video Deposition Uncirculated