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Telephone depositions are a common occurrence for many court reporters - and are perhaps more common than these reporters would like. Some of the problems associated with telephone depositions - not being able to hear the witness, garbled speech, poor phone connection, several participants who all sound alike and don't identify themselves - make an already challenging assignment all the more diffi…
Categories: Ethics and Business Practices, Advocacy
Reporting a deposition where the witness is appearing by telephone (1999) Statement of Facts A Member has requested an opinion from the Committee on Professional Ethics regarding the following scenario: a reporter arrives to report a deposition where the witness is appearing by telephone. Although the reporter is not in the presence of the witness, there is a notary in the presence of the w…
Resources Can You Swear in a Witness Over the Telephone? [Members] Advisory Opinion No. 31 Advisory Opinion No. 36
Categories: Ethics and Business Practices, Advocacy, Committee
The issue of who's responsible for the bill - the attorney or the attorney's client - has dogged the reporting profession for decades. Traditionally, courts have held that the attorney is an agent and thus is not personally liable for contracts made on behalf of a principal unless there is an express agreement to the contrary. However, in recent years, courts have been following a modified view of…
Categories: Professionals, Advocacy, Ethics and Business Practices
A court reporter shall always disclose to all parties present at a deposition the existence of any direct or indirect contracting relationship with any attorney or party to the case, so that the other parties may exercise their rights under Rules 28(c), 29 and 32(d)(2) of the Federal Rules of Civil Procedure, and comparable state and local laws, to object to the taking of the deposition because o…
Categories: Advocacy, Ethics and Business Practices