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Do you need to take a deposition in New Bern?
Most people think of New Bern as the gateway to the Crystal Coast or as the city next to MCAS Cherry Point. The second-oldest city in North Carolina, once known as the “Athens of the South,” is so much more than that. If you’ll be taking depositions in New Bern and are interested in history and architecture, you might want to consider adding an extra day to your trip so you can take in everything New Bern has to offer.
The city was founded by Swiss and German settlers in 1710 where the Trent and Neuse Rivers meet, served as the Colonial capital of the state and was the first capital of the State of North Carolina. Colonial Governor William Tryon’s palace still stands in downtown New Bern and is a must-see. New Bern contains four historic districts with homes, stores, and churches dating as far back as the early 18th century. In fact, there are 36 individual listings and more than 150 sites (representing a variety of architectural periods) included in the National Register of Historic Places.
Because of its location, New Bern became a thriving trade center in both the Colonial and the Federal period. After the Civil War, lumber was the largest industry in the area. Today only one lumber company remains and the Department of Defense (through neighboring MCAS Cherry Point) is the largest employer.
If you have time to relax before or after your deposition, enjoy a scenic stroll along New Bern’s popular Riverwalk. In addition to the gorgeous view, the Riverwalk offers kayak, canoe, and paddleboard rentals and a small beach area to launch from, and four gazebos. Nearby Morgan’s Tavern & Grill and MJ’s Raw Bar & Grille are recommended for tasty local cuisine.
There are a number of B&B’s in the historic downtown area. We especially like The Aerie and Benjamin Ellis House. If you prefer a more modern hotel, we recommend Comfort Suites and the Courtyard by Marriott.
Legal Media Experts has deposition suites and professional court reporters and videographers available in New Bern, and we would be honored to handle all of your deposition needs in Eastern North Carolina. Book your deposition today using our online scheduling form or call the office at 800-446-1387.
Safety as a Court Reporter
Out of all of the professions related to the legal field, court reporting has a low rate of workplace violence. Due to the nature of the proceedings – divorce cases, domestic violence, serious criminal charges, and potentially life-altering civil judgments – tempers can flare and violence breaks out from time to time in both courtrooms and deposition suites.
During a May 1, 2019 deposition in Winter Park, Florida, Gordon James King, 58, a former Orange County Sheriff’s Deputy, allegedly stabbed his ex-wife’s divorce attorney during a deposition. King, upset about a no-contact order that had been issued against him after he broke into his ex-wife’s car in May 2018, began yelling during the deposition. At that time, his ex-wife’s attorney announced that he was canceling the deposition and a fight broke out.
According to Click Orlando:
King pushed aside his own lawyer and made his way to the victim, yelling: “What are you going to do now you fat little [expletive]?”
King allegedly punched the lawyer in the head and chest. After someone yelled that 911 had been called, King allegedly slammed the lawyer’s head in to the table and yelled: “I’m going to kill you right now, you fat little [expletive].”
At that point, the lawyer took a knife out of his pocket and tried to slash King’s arm. King gained control of the knife, allegedly slashing the lawyer’s hand as the victim tried to block the knife. King allegedly stabbed the lawyer twice in his left side, saying: “I’m killing you.”
“I think you already have,” the lawyer said. King stopped attacking the lawyer at that point. Police said when they arrived the victim was in a blood-soaked chair, attempting to applying pressure to his wounds, while King, who was also stabbed, was in the parking lot.
Police charged King with aggravated battery with a deadly weapon, false imprisonment, and tampering with a victim, according to a press release from the Winter Park Police Department.
The lawyer had a collapsed left lung, a punctured diaphragm and a cut to his hand.
King’s attorneys and the court reporter were able to flee the room and were unharmed. The court reporter, who had been trained to leave the backup audio recorder running in such a situation, captured audio of the altercation, which will surely help prosecutors.
Although cases in which weapons are used against attorneys, court reporters, and judges are rare, there are a few steps court reporters can and should take to protect themselves against possible violence between the parties or attorneys.
• Pay attention to the type of case you are reporting. Domestic violence and family law cases have the highest potential for physical conflict.
• If possible, seat yourself where you can quickly exit the conference room and make sure there are no cords or other obstacles in your way.
• Keep any sharp objects like scissors or letter-openers off of the table.
• If possible, seat yourself where you are not in arm’s reach of any deposition participant.
• If you are working in a courtroom, ask the bailiffs and the judge what the procedure is if a criminal defendant gains access to a weapon or another type of altercation occurs.
• Keep your phone (after making sure it won’t ring or vibrate) where you can grab it in an instant if necessary and call 911.
• If participants become physical with each other, don’t hesitate to flee the room. Your backup audio recorder will capture what happens.
As with most personal safety situations, by being aware of your environment and having a plan will give you the confidence and ability to keep calm and quickly escape dangerous situations.
Storytelling Tips to Win Trials
Judging by the excuses heard in courtrooms across the country every day, most people dread having to report for jury duty. They’ll do or say almost anything to get out of it.
Sure, some people think it’ll be fun, perhaps anticipating they’ll get to see “Matlock” in action, but they’ve likely never actually been through jury duty before. By the time the panel of 12 (and possibly a few alternate jurors) sit in the jury box to hear opening statements in a trial, they’ve already sat in uncomfortable chairs for hours of “hurry up and wait,” just knowing that their to-do list is getting longer by the minute.
Why does it seem so much more fun on TV or in the movies? Beside the fact that the TV show or movie takes less than a few hours, the characters on TV know how to tell a story. If more attorneys were skilled at weaving storytelling into their examination of witnesses,and especially into their opening and closing statements, they’d capture jurors’ attention and be more effective in making their case.
Jurors need to picture themselves or someone they know ending up in your client’s shoes and be able to identify.
If you don’t appear confident in the story you are telling, why should the jury believe you?
Every story must have an overarching theme that brings cohesion to what you are telling.
For example, the theme in a breach of contract case could be “promises should be kept.” Every fact must relate to that theme.
While examining witnesses, bring out facts that relate to that theme.
Again and again that attorney can drive a point home, because “good people” don’t break promises. it can be an implicit suggestion, since nobody wants to be lectured. It is often more effective when left unsaid. However, determining the theme will help you organize your own thoughts.
Appealing to the jury’s sense of fair play, using your theme to highlight a deep residual truth that can apply to anyone. If the words you use aren’t natural for you or you don’t really believe your story, it will be obvious. The jurors won’t believe you either.
Trust the jury to believe in your vision, which should be laid out in the opening statement.
By parsing out the details of your case and finding a firm beginning, middle and end, you can stand before the jury box with confidence. You can say, “I’m here to give you our side of the story,” and really do that.
Pick the facts that work and leave others on the bench.
Need a deposition in Wilmington, North Carolina
Legal Media Experts has been providing court reporters and legal videographers in Wilmington and the surrounding area for over 25 years.
Wilmington, along the Atlantic coast, is one of our favorite cities in North Carolina. If your next deposition will take you to the Wilmington or Wrightsville Beach area, be sure to check out our lodging, dining, and if-you-have-free-time recommendations. As always, our office can help you with any questions about the area.”
To book online, schedule here or call us direct to speak with one of our deposition coordinators: 800-446-1387.
What is an E-Transcript and How Do You Use it?
There are different formats that transcripts can be ordered in from your court reporter. The one that we will be talking about in this blog is E-Transcript.
RealLegal is the maker of E-Transcript. E-Transcript files ensure page/line integrity. The court reporter can even attach a signature on the certification page.
First, to view the transcript, you need to go to: E-Transcript Viewer to download the free viewer.
Once you’ve been sent an E-Transcript, they’re fairly easy to use. You can save it in different formats: ascii, RTF, Summation, or Sanction. You can also print a full-size transcript or a condensed transcript.
On the right-hand side, you will have a word index that will hyperlink to the transcript. This way, you can easily find a word, click it, and it will take you right to that portion of the transcript.
You will never have to ask for an E-Transcript from Legal Media Experts. We send an E-Transcript, ascii, condensed PDF, and full-size PDF with every order.
For more information on how to use the E-Transcript, please watch this video:
What Happens to that Errata Sheet
If you’ve ever given a deposition, you’ve been asked whether
you wanted to “read and sign” at the end of it. To read and sign a
deposition simply means that the witness reads through the transcript once it’s
prepared and notes any changes or corrections that are necessary on what’s
called an errata sheet. The witness then signs and dates the errata sheet and
returns it to the court reporter.
What happens to the errata sheet then?
In most cases, when a witness returns the errata sheet there
are zero or very few changes noted. The court reporting firm then makes copies
of the completed errata sheet for each attorney, attaches the original errata
sheet to the original transcript, and places the original transcript in a
sealed envelope. The original transcript is then sent to the attorney who took
the deposition, so it can be filed with the court if and when necessary.
Witnesses are often advised that they are not allowed to
change the substance of their testimony, but are to only change errors such as
misspelled words, mistranslated words (when converting from shorthand), and
dropped words. In some instances, court reporters receive errata sheets that
are three, four, five, even ten pages long, and which contain completely
rewritten paragraphs. The court reporter
handles those errata sheets the same way they handle an errata sheet with zero
or very few changes noted.
It’s important to note that even when substantial changes
are noted on the errata sheet, the original transcript itself is not changed –
both remain part of the official court record in the case. If the deposition
transcript ends up being introduced at trial, both transcripts can be read so
the trier of fact (whether the judge in a hearing or bench trial, or a jury)
can determine the “honesty of alteration.”
Also, if the witness does not provide the reason for each
change, the witness can be held to their original testimony if courts determine
there was not a legitimate reason. In
one case, appellate courts ruled that the “absence of statement of reasons
indicated that corrections were purposeful rewrites made to manufacture factual
issues” and the corrections were stricken.
Filling out an errata sheet and signature page are very easy. For directions, please watch this video.
Data Security Practices for Court Reporters
Court reporting firms handle confidential, sensitive
information on a routine basis. The deposition, hearing, or Grand Jury
transcripts they produce often contain trade secrets, details about a person’s medical
or psychological history, and business or personal financial information.
Additionally, medical, technical, and financial records are often entered into
the record as exhibits the reporting firm takes possession of at the end of the
proceeding.
Transcripts (with their accompanying exhibits) are almost
always delivered electronically, in addition to the hard copy original. How can
court reporters make sure they’re keeping this vital information secure?
·
Backup
your data regularly. That is a simple admonition, but often ignored.
Information loss isn’t always due to hacking; sometimes it’s due to a technical
glitch destroying files that are not backed up or a laptop that’s stolen or
accidentally destroyed. Use a password-protected external hard drive (preferably
stored in a safe when not in use) or a secure cloud-based service, and back up
at the end of every work day at a minimum.
·
Use
complex passwords, and a secure password management program. Your laptop
and mobile devices should all be locked when not in your physical presence, and
your email account and court reporting software passwords should be unique,
complex, and backed up in a password manager like Dashlane.
·
Keep your
anti-virus and anti-malware definitions up to date, and run regular scans.
It’s not fun, but if you keep up with it you might avoid your computer
automatically applying an update at an extremely inopportune time.
·
Use two-factor
authentication. In case you are unable to access your online accounts and
need to reset your password, two-factor authentication ensures that you’re
actually the person resetting the password.
·
Look at
all email attachments with a critical eye. Even if (especially if) an email
attachment is coming from a known contact, be wary of downloading attachments
that you’re not expecting. Malware or ransomware can be installed on your
computer when you open a PDF, a Word doc, a ZIP file, or any type of file,
really. Confirm with the sender that they really sent that attachment before
you open it.
·
Keep your
software up to date. As with anti-virus and anti-malware definitions,
software updates can patch security vulnerabilities and are critical to data
security.
·
Make sure
any ancillary services you use have strong security protocols. For example,
video conference providers like Zoom
ensure that data captured during a video conference deposition is secure. Any
website or software program that comes in contact with confidential information
should list the types of security protocols they utilize to keep your data
safe.
A court reporter’s duty as the guardian of the record
applies even in cyberspace. At Legal Media Experts, we take that duty
seriously. Schedule your next deposition today using our online scheduling toolor calling 800-446-1387.
What to Expect From Your Court Reporter
They say that disappointment occurs when reality fails to
meet one’s expectations. As court reporters, fully meeting each client’s
expectations is a high priority and an area in which we’re practically
perfect. Sometimes, though, attorneys make requests or seem to have
expectations that either aren’t in line with our Code of Ethics or the laws of
nature.
What should
attorneys reasonably expect from their court reporter?
1. Professionalism.
These days, it seems that expecting professional and dignified behavior in the
workplace is an antiquated notion. As court reporters, we reject that notion.
We believe that professionalism goes beyond ensuring that we have courteous,
dignified interactions with every attorney and witness we encounter. A true
professional court reporter keeps abreast of changes in the profession, keeps
their skills sharp, and is constantly looking for ways to innovate and provide
more value to their clients. If what you receive from your court reporter in
terms of services hasn’t changed in 10 or 15 years, it might be time to find a
different court reporter.
At a bare minimum, attorneys should expect their court
reporter to dress and act professionally and to provide an accurate, verbatim
transcript of the proceedings, delivered on time.
2. Attention to
Detail.It is helpful for attorneys to provide court reporters with copies
of motions filed in the case from which they can gather the proper spelling of
names, places, and technical terminology, or to ask the witness to spell out
names during the deposition. Regardless, it is the court reporter’s duty to
ensure they have the proper spellings even if that means scouring exhibits,
searching online, asking the attorneys or witness during a break, or even
calling the attorney or witness after the deposition (which is very rare, but
has happened).
3. Commitment to
Ethics. All court reporters are bound by a Code of Ethics promulgated by
their professional association*. Court reporters in many states are legally
bound to a Code of Professional Standards set out by a state licensing board.
Professional codes vary slightly by jurisdiction but all
require court reporters to: maintain impartiality and avoid the appearance of
partiality, disclose potential conflicts of interest to all parties, maintain
confidentiality of the proceedings (including what is contained in exhibits),
and prepare an accurate, verbatim transcript of the proceedings in a timely
manner.
There are a few
things attorneys shouldn’t expect, such as:
1. Bias for or
against a particular attorney or litigant. Above all else, court reporters
must be impartial guardians of the record. As part of treating all parties
equally, court reporters shouldn’t offer special services to one side and not
the other. They shouldn’t speak poorly of any witness or attorney they
encounter. They shouldn’t appear to be chummy with one side or another,
especially in a courtroom situation.
2. An assessment of
the case. Court reporters should not offer an assessment of your case or
the opposition’s case or the witness’ performance and are placed in an
awkward situation when attorneys ask. Most court reporters have developed
diplomatic answers to those questions, though, as a survival mechanism.
3. The ability to do 10
things at once. We can easily do two or three things at once (and do at
every deposition or court hearing). Some attorneys, however, expect that the
court reporter can just have a “working lunch” with them. We have yet
to find a court reporter who can use one hand to put a sandwich in her mouth
while using the other hand to keep up with an attorney and witness who are
speaking between 150 and 200 words a minute, take notes on spellings, mark
exhibits, and do readbacks.
4. Magic. We
understand that sometimes attorneys have tunnel vision while they’re in a
deposition, especially if it’s a late-night deposition with a trial looming,
and can make requests that defy the laws of nature without realizing it.
Unfortunately, court reporters cannot bend the time-space continuum… yet.
For example, if an all-day deposition is taken in a remote
location and ends late at night, it is probably not humanly possible for the
attorney to receive a final, certified transcript on their desk the next
morning unless they’ve arranged for an overnight expedite ahead of time. If the
reporter knows ahead of time they will be prepared to upload audio and data
files to the office at each break so the office staff can start production
work. If the attorney waits until the end of the deposition the reporter will have
to either stay at the location, likely for hours, while audio and data files
upload, or make the trek home and then do the upload. It’s also possible that
the reporter will be unable to reach anyone from the office, if it’s late at
night, to alert them to the expedite status. (Yes, this has happened to us.)
At Legal Media Experts we are dedicated to providing
professional, accurate, and timely service to our clients, and to fulfilling
every special request humanly possible. To schedule your next deposition, use our online tool or call 800-446-1387.
*There are three national court reporting associations (National
Verbatim Reporters Association, National
Court Reporters Association, and American Association of Electronic
Reporters and Transcribers), each of which has its own Code of Ethics.
There’s More Than One Method of Court Reporting
Did you know that there is more than one method of court
reporting? Depending on which region of the country you practice in, you might
think a certain type of court reporter is “normal.”
In military courtrooms and throughout the South, it’s not
uncommon to see voice writers. In most
other areas of the country, stenotype reporters make up the vast majority of
court reporters. Increasingly, electronic (digital) court reporters are joining
the landscape throughout the country.
No matter their method, court reporters are charged with
capturing and creating an accurate, verbatim record of the proceedings and are held
to the same code of ethics. National professional organizations provide
certification testing and continuing education for their members.
1. Stenotype
reporters use phonetic shorthand and a specialized keyboard to capture the
proceedings. A computer-aided transcription program then translates the
shorthand into English, which the reporter edits and proofreads to create the
verbatim record.
2. Voice writers
dictate the proceedings verbatim into a Stenomask, which is connected to a
digital recording device. There are large masks, which cover the reporter’s
nose, and mini masks, which only cover their mouth. They are trained to speak
in a low voice – not a whisper – at such a level that the recording equipment
picks it up but others in the room cannot hear them. The digital file is either
translated using voice recognition technology or transcribed to create the
final transcript.
3. Electronic court
reporters use specialized software and high-quality audio-visual equipment
to record testimony. The software allows them to record each speaker’s audio
feed on a separate track to ensure complete accuracy of the transcript.
Electronic reporters also take contemporaneous notes of the proceedings within
the software, which are then linked to that spot in the audio record.
Some attorneys or judges prefer one method over another, but
when it comes to the finished product, the certified transcript, one method
isn’t more reliable or accurate than another.
Book your next deposition with Legal Media Experts’ professional reporters. Call now: 800-446-1387 or book online here
Get the Most out of Your PDF Transcript
What Else Can You Do
With a PDF?
In an earlier blog post, we described the various formats in
which deposition or hearing transcripts can be delivered https://legalmediaexperts.com/blog/what-type-of-transcript-should-i-order. One of the benefits
we specified was the universal compatibility of Adobe PDF files, meaning they
can be opened several types of devices and on both PC and Mac. If the only use
you’re getting out of your PDF documents is compatibility, though, you’re
missing out.
As mentioned in the previous post, to read your PDF
transcript or other document you only need access to the free Acrobat Reader, which
is usually preinstalled on computers and tablets. Many law firms have access
to Adobe
Acrobat, in which there are additional features that are extremely useful in
document production, exhibit creation, and in managing information in complex
cases.
With the full version of Adobe Acrobat, you can:
·
Insert new pages into a PDF and eliminate pages
·
Reorder pages
·
Rotate pages
·
Add Bates stamps to documents
·
Zoom in
on small text
·
Highlight important text passages
·
Search for text
·
Redact sensitive information
·
Tag important pages so you can quickly find them
later
·
Make notes in the margins
It’s obvious that by knowing how to use these tools,
attorneys and paralegals can save quite a bit of time and headaches.
Legal Media Experts provides a condensed PDF and a full-size PDF for every transcript that is ordered. Call now to book your next deposition with Legal Media Experts: 800-446-1387 or you can schedule online here: https://legalmediaexperts.com/schedule-online