Should The Court Reporter Control the Basics of Your Deposition?

A seasoned attorney conducting a deposition is generally the person in charge, but should you let the reporter take charge? In short, yes. What does allowing the reporter to take charge look like? Well, I will start with what it does not look like. The reporter will not overstep their bounds. They will not request breaks or interrupt your proceedings (unless needed for technical issues). Putting the reporter in charge does look like the following:

Reporter: Hello. I am Blank. I will be your reporter today. Here is my card with the case information. May I please get your business card, or could you please write your information here? Do you have a preference for where you or the witness sit?

Attorney: No.

Reporter: Okay. Great. Since there is no videographer today, I will sit here, as there is an outlet. I want to be away from the door so you, your client, the witness, and opposing counsel may have better access to the exit. I would like you to sit here with the witness across from you and their attorney next to them. Does that work for you?

Attorney: Whatever you like.

Reporter: Will there be five of us today?

Attorney: Yes.

Reporter: I'm all set up. Upon their arrival, I will ask the witness a few questions, but nothing case-related.

Attorney: Yes, that would be fine.

Attorney 2 arrives with their client. After the counsel exchanges greetings, the reporter intervenes.

Reporter: Hello. I am Blank. I will be your reporter today. Mr. Attorney 2, here is my card with the case information. May I please get your business card, or could you please write your information here? Also, would it be okay if I asked your client for their photo ID?

Attorney 2: Here is my card, and sure.

Reporter: Thank you. Mr. Witness, may I please see your government-issued photo identification?

Witness: No, I don't have it. Just kidding, here you go.

Reporter: Thank you so much. The notice of deposition (NOD) states you are Stephen Witness. I assume your driver's license is correct, and your name is Stephon Witness?

Witness: Yep, that's me. I've never been Stephen.

Reporter: Great, thank you for the clarification. Again, my name is Blank; I am the reporter covering today's deposition. Today, I am using tabletop omnidirectional mics. It has been a common practice for people to place papers on them, and if possible, I ask that you try to refrain from doing so. Also, Mr. Witness, you have a charming voice. However, you speak very softly; I know it is hard to do, but when you are talking, could you please try to remember to speak up throughout your deposition? If needed, I will switch to lapel mics, but given the size of this beautiful room, they are likely unnecessary. Mr. Attorney 2, when and if objecting, could you also try to speak up as you are also very soft-spoken.

Attorney 2: So, I don't have a lovely voice?

Reporter: You also have a lovely voice; you could be an excellent broadcaster if desired. If I am asked to go off the record, do you both agree now that it is okay for me to do so or shall I wait for you both to decide to go off the record when asked?

Attorney 2: Go off when the Attorney asks—no need to hold up the process.

Attorney: I agree.

Reporter: Great. When you are ready to begin, please let me know. I will swear in the witness and ask for your appearances on the record.

Attorney: Ready.

Attorney 2: Ready.

Witness: Ready.

Reporter: Great. Going on the record at 10:03 AM ET. My name is Blank Reporter, and I represent Kiser's Legal Support Solutions. Today is Monday, March 26, 2028. We are here for the deposition of Stephon Witness. Counsel, can you please introduce yourselves for the record?

Attorney: I am blank, of blank, and I represent blank.

Attorney 2: I am blank, of blank, and I represent Stephon Witness.

Reporter: Great, thank you. Mr. Stephon Witness, can you please raise your right hand? Do you solemnly swear or affirm, under the penalties of perjury, that the testimony you will give in today's proceeding will be the truth, the whole truth, and nothing but the truth?

Witness: I do.

Reporter: Thank you. You may proceed.

Attorney: Mr. Witness. Can you please state your full name for the record?

And so forth. Letting your reporter take charge will make for a smoother deposition. We will only interrupt when we need to for the clarity of your record. We will read back when asked. We will mark exhibits and keep them in order. We will go on and off the record as requested. We still get transcript orders on the record, so don't be shy just because you don't want the other attorney to know if you are ordering. We will keep you for spellings after the deposition, even if they are in the exhibits. We are here to fully support you and your record to the best of our ability. So, choose a great digital court reporter and let them be your co-pilot in the deposition.

Shaylah Kiser

Kiser's Legal Support Solutions