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Tag Archive for: ethics

AI, blog, Court Reporter, depositions

The Legal Record Is Not a Decorative Byproduct of Litigation. It Is Evidence.

The official record, court reporter, transcript

In courtrooms across the country, the legal record is increasingly treated like a technical convenience rather than what it actually is: evidence. Audio files are captured, cloud platforms are deployed, automated systems are introduced, and transcription is framed as a downstream clerical task. In this framing, the “record” becomes a product to be processed later, not an evidentiary artifact created in real time. That shift may sound modern, efficient, and harmless. It is none of those things.

A legal record is not a decorative byproduct of litigation. It is evidence. And evidence is governed by rules.

Under the rules of evidence, a court record is not simply a collection of sounds later turned into words. It is a contemporaneous, authenticated, and certified account of what occurred in a legal proceeding. Its value lies not only in what it says, but in how it is created, by whom, under what legal authority, and under what professional obligations. Without those elements, a transcript is not merely weaker. It is something else entirely.

Evidence requires provenance. Provenance is not a buzzword borrowed from the art world. It is a foundational legal concept. It answers the questions courts care about most: Where did this come from? Who created it? By what method? Under what controls? With what opportunity for alteration, contamination, or loss? In litigation, provenance is the chain of custody of truth itself.

A certified court transcript is one of the few forms of evidence whose provenance is built into its creation. A licensed stenographic court reporter is not a passive observer. The reporter is a sworn officer of the court, operating under statute, regulation, and professional code. The reporter identifies the proceeding, administers oaths when authorized, captures the record verbatim in real time, safeguards the notes and audio, and certifies under penalty of perjury that the transcript is a true and correct record. That certification is not ceremonial. It is an evidentiary anchor.

Remove that framework, and the legal status of the product changes. An audio recording made by a device is not evidence in the same way a certified transcript is evidence. A document later produced by an unlicensed transcriber is not evidence in the same way a certified transcript is evidence. At best, such materials may become demonstrative aids, discovery materials, or informal references. At worst, they are unauthenticated hearsay artifacts whose admissibility depends on layers of later testimony to establish even basic reliability.

This distinction is not academic. It is the difference between a record that is presumptively admissible and one that must fight for legitimacy. Courts have long recognized that certified court transcripts are self-authenticating. They are trusted not because courts are sentimental about stenography, but because the process embeds accountability at the moment the record is created. The reporter is present. The reporter is identifiable. The reporter is trained. The reporter is licensed. The reporter is bound. The reporter certifies.

When proceedings are merely recorded and later “transcribed,” that evidentiary architecture collapses. Who controlled the recording? Who monitored its integrity? Who ensured all speakers were captured? Who intervened when multiple people spoke at once, when equipment failed, when a witness whispered, when an accent obscured meaning, when a juror cried, when a judge went off the record? Who made the contemporaneous judgment calls that the legal system depends on but rarely notices?

A recording device does none of that. An unlicensed transcriber, working days or weeks later, does none of that. They are not witnesses to the proceeding. They cannot certify what occurred. They can only represent what a piece of media seems to contain.

And media is not memory. Media is not context. Media is not custody. Media is not evidence.

Courts operate on a simple but profound principle: what happens in the room matters. Tone matters. Interruptions matter. The timing of objections matters. Whether a witness hesitated matters. Whether the judge ruled before or after an answer matters. These are not embellishments. They are the procedural skeleton on which appellate rights, due process, and judicial review are built.

Stenographic court reporters are trained precisely because of this reality. They are trained to capture not just words, but proceedings. To mark speakers, to resolve overlaps, to clarify spellings, to identify nonverbal events, to interrupt when the record becomes unclear, to request repetition, to preserve the intelligibility of the legal moment. Their function is not typing. It is record creation.

That is why licensing exists. Not to protect a job title, but to protect the evidentiary status of the record itself.

Licensing regimes impose minimum competencies, ethical obligations, continuing education, and disciplinary oversight. They create traceability. If a transcript is wrong, there is a responsible professional. If misconduct occurs, there is a governing body. If a dispute arises, there is a certifier who can testify. The transcript does not float free of human responsibility. It is tethered.

Unlicensed transcription severs that tether. The product may look similar. It may even be accurate much of the time. But legally, it is different in kind. It is the difference between a notarized affidavit and a typed statement. Between a sworn deposition and a meeting summary. Between evidence and information.

This distinction is becoming blurred, often deliberately, in the current rush toward technological substitution. Vendors speak of “capturing the record” through digital systems, then outsourcing transcription to remote workers, offshore services, or automated pipelines. The implication is that the record exists the moment sound is stored, and everything else is a cosmetic conversion. That implication is wrong.

The legal record is not born when audio is saved. It is born when a legally authorized professional creates it under legally recognized conditions.

Without that, courts are not replacing stenographers. They are downgrading evidence.

The long-term implications of this shift are not limited to accuracy debates. They strike at admissibility itself. When a transcript’s creation is decoupled from licensure and certification, its status must be rebuilt later through motions, declarations, and testimony. Each step introduces cost. Each step introduces vulnerability. Each step creates new grounds for challenge.

Who operated the recording system? Was it functioning properly? Was it complete? Was it altered? Who accessed it? Where was it stored? What software processed it? What logs exist? Who created the transcript? What training did they have? Were they impartial? Can they testify? Can they authenticate? Can they certify?

In certified stenographic practice, most of these questions never arise, because the system answers them in advance.

There is also a deeper risk, one that extends beyond individual cases. When courts normalize records that are not evidence at the moment of creation, they quietly shift the burden of integrity away from the justice system and onto future litigants. The courtroom stops being the place where the record is made, and becomes merely the place where raw material is generated. The legal meaning of what happened is deferred to vendors, platforms, and post-hoc processes.

That is not modernization. That is abdication.

The law has always treated its records differently from ordinary documents because liberty, property, reputation, and life turn on them. A legal transcript is not a convenience for lawyers. It is the historical memory of the state’s exercise of power over individuals. That memory must be trustworthy not only in fact, but in form.

Certification is not a rubber stamp. It is the legal act that transforms observation into evidence.

Provenance is not a technical detail. It is the reason courts can rely on words spoken months or years earlier.

Licensure is not protectionism. It is the mechanism by which the justice system embeds competence, accountability, and ethics into the creation of its own proof.

None of this precludes technology. Stenographic reporters already use advanced software, realtime systems, digital backups, and secure distribution platforms. The question is not whether tools evolve. The question is whether the evidentiary framework evolves with them, or is quietly discarded.

A system that records first and asks legal questions later is not an evidentiary system. It is a media system.

And media, however useful, is not evidence.

If courts wish to experiment with new methods of capture, they must do so within structures that preserve certification, provenance, and professional accountability. That may mean new licensing categories, new hybrid roles, new statutory definitions. But it cannot mean pretending that a recording plus an unlicensed transcription equals a legal record.

Because the legal record is not a decorative byproduct of litigation.

It is evidence.

And evidence is not created by accident.

 

Reprint from Stenoimperium, January 19, 2026


🔹 Disclaimer

This article is a public-interest commentary on court record creation, evidentiary standards, and professional frameworks. It is not legal advice. The views expressed are the author’s own and are offered to encourage discussion among legal professionals, policymakers, and the public about how official court records are created, certified, preserved, and relied upon within the justice system.

January 19, 2026/0 Comments/by Marty Herder
https://courtreportersaz.com/wp-content/uploads/2016/06/Screen-Shot-2016-06-23-at-5.45.45-PM.png 0 0 Marty Herder https://courtreportersaz.com/wp-content/uploads/2016/06/Screen-Shot-2016-06-23-at-5.45.45-PM.png Marty Herder2026-01-19 18:27:172026-01-19 18:27:17The Legal Record Is Not a Decorative Byproduct of Litigation. It Is Evidence.
Education, Leadership

Arizona?s Herder & Associates Delivering New Educational Deposition Program

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

June 27, 2017/0 Comments/by Marty Herder
https://courtreportersaz.com/wp-content/uploads/2016/06/Screen-Shot-2016-06-23-at-5.45.45-PM.png 0 0 Marty Herder https://courtreportersaz.com/wp-content/uploads/2016/06/Screen-Shot-2016-06-23-at-5.45.45-PM.png Marty Herder2017-06-27 16:25:412017-12-14 21:44:15Arizona?s Herder & Associates Delivering New Educational Deposition Program
Court Reporting, Court Reporting News, daily lfe, Judicial news, Leadership

POTUS Delivers 6th SOTU. Thanks Official Court Reporter For His Service

President Obama used his sixth State of the Union address before Congress to reiterate his call for political compromise.?

Reactions to the SOTU were predictably partisan and non-productive.??

It is difficult for the American people to see where?anyone on either side of the aisle?is listening to “We The People.”

The 10% extreme fringe of each side of the political spectrum continues to drown out the majority in the middle.

To quote Dave Ramsey, “If you are waiting on the President or Congress to fix your life, your life will continue to suck.”

For a full transcript of tonight’s 2015 SOTU address, go to:
http://www.cnn.com/?/state-of-the-union-2015-tra?/index.html

Provided live in real-time, thanks to professional court reporter Ed Johnson, RPR, CRR, U.S. House of Representatives.

SOTU 2015 Realtime reporter thanked by President Obama

SOTU 2015 Realtime reporter thanked by President Obama

U.S. House of Representatives Official Court Reporter, Ed Johnson, RPR, CRR, being thanked by President Obama

U.S. House of Representatives Official Court Reporter, Ed Johnson, RPR, CRR, being thanked by President Obama

Court Reporting:? Moving forward with technology, not backwards.

 

 

January 21, 2015/0 Comments/by Marty Herder
https://courtreportersaz.com/wp-content/uploads/2016/06/Screen-Shot-2016-06-23-at-5.45.45-PM.png 0 0 Marty Herder https://courtreportersaz.com/wp-content/uploads/2016/06/Screen-Shot-2016-06-23-at-5.45.45-PM.png Marty Herder2015-01-21 16:19:592015-01-21 16:19:59POTUS Delivers 6th SOTU. Thanks Official Court Reporter For His Service
Court Reporting, Court Reporting News, Judicial news

U.S. Court of Appeals for the Ninth Circuit to Hold Oral Arguments in Arizona

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.

 

 

January 15, 2015/0 Comments/by Marty Herder
https://courtreportersaz.com/wp-content/uploads/2016/06/Screen-Shot-2016-06-23-at-5.45.45-PM.png 0 0 Marty Herder https://courtreportersaz.com/wp-content/uploads/2016/06/Screen-Shot-2016-06-23-at-5.45.45-PM.png Marty Herder2015-01-15 17:03:012015-01-15 17:03:01U.S. Court of Appeals for the Ninth Circuit to Hold Oral Arguments in Arizona
Court Reporting, Court Reporting News

Local vs. National

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.]

December 28, 2014/0 Comments/by Marty Herder
0 0 Marty Herder https://courtreportersaz.com/wp-content/uploads/2016/06/Screen-Shot-2016-06-23-at-5.45.45-PM.png Marty Herder2014-12-28 13:46:552014-12-28 13:46:55Local vs. National
Court Reporting, Court Reporting News, Judicial news

Important Changes Govern Court Reporting and Their Impact on Arizona Attorneys

The Supreme Court Adopts Strict Guidelines to Hiring a Court Reporter in Arizona

The Supreme Court Adopts Strict Guidelines to Hiring a Court Reporter in Arizona

Overwhelming support of the Bar at:

Important Changes to the Arizona Code of Judicial Administration

Our deepest respect and appreciation to membership of the Arizona Bar, the Court Reporting Board, the Committee on Superior Court, The Task Force on Certified Court Reporting Regulation, the Arizona Judicial Council, and the Arizona Court Reporters Association.?? The recently-approved revision of ACJA 7-206 goes a long way toward the goal of protecting the public by now registering reporting firms, mandating demonstration of true equality in billing, prohibiting the reporting profession from facilitating or engaging in advocatory activities and defining protocols for increased security of the record.

 

October 21, 2014/0 Comments/by Marty Herder
0 0 Marty Herder https://courtreportersaz.com/wp-content/uploads/2016/06/Screen-Shot-2016-06-23-at-5.45.45-PM.png Marty Herder2014-10-21 03:40:572020-03-28 22:53:49Important Changes Govern Court Reporting and Their Impact on Arizona Attorneys

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  • 2026 Distinguished Service AwardMay 10, 2026 - 5:26 pm
  • The Legal Record Is Not a Decorative Byproduct of Litigation. It Is Evidence.January 19, 2026 - 6:27 pm
  • 2026: Your GenesisDecember 31, 2025 - 11:43 am

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