How Long Is a Typical Car Accident Deposition?

/in /by

Jill Cohen

How Long Is a Typical Car Accident Deposition?

Just like court cases can last from just a few minutes to days at a time, the depositions can vary greatly in time length as well. The type and severity of a court case can affect the duration of a deposition. A typical car accident deposition will not last for days, however. Let us talk about what duration you can expect from such a proceeding. There are three questions to evaluate to determine the length of an automobile accident case: How big is the case? How important is the witness? And How complex is the case? These are the questions that can help lead you in the right direction.

How Big Is The Case?

Typically, smaller cases require shorter depositions, and larger cases require longer depositions. Extensive damages and injury entail more in depth questioning to uncover important causes and details, while “soft tissue” damages can lead to a more routine, quicker line of inquiry. The reason for this is simple: Depositions cost time and money. A lawyer’s time, as well as the production of a transcript do not come for free. If a case is smaller, it simply does not make logical or economic sense to invest money in long depositions when they are not needed.

How Important Is The Witness?

The second question evaluates the importance of the witness being deposed. Depending on how central a witness is to a case can impact the length of a deposition. Key witnesses entail more in depth questioning, meaning more time on the record, while ancillary witnesses do not demand as much time. The key witness in a typical car accident case will most likely be the injured victim. This victim’s testimony is probably much more important than a secondary fact witness, and will typically last longer.

How Complex Is The Case?

Are the facts clear? How complicated the issues and how severe the damages are can impact the extent of the inquiry needed to uncover what exactly happened. Personal injury lawyers may need to spend a significant amount of time exploring the facts to determine the reason for accidents with complex causes. Automobile accident cases that have additional claims underling them will need investigation into these extra claims as well. To explain, consider an accident that occurred while on the job: There may be a conjunctive workers compensation case that the victim may be involved in that will require more time to explore. Or consider an automobile accident that was the cause of a vehicle malfunction: A products liability case could make the investigation of the accident more complex and time consuming.

These are the questions, but what are the answers? How long is a typical car accident deposition? There are no exact answers, but there are some general trends that can help you know what to expect. In a small accident deposition, here is what you can anticipate:

Main Injured Plaintiff 2-3 hours
Defendant 1-2 hours
Witness .5 – 1 hour

Again, there are no exact numbers to calculate. Every case and witness is different and requires their own time to uncover the important information. These questions, however, are a great starting point to predict how long a deposition will be.

What It Takes To Be A Certified Court Reporter

/in /by

Jill Cohen

What It Takes To Be A Certified Court Reporter

In the year 1935, the first 27 court reporters to be officially certified by the National Court Reporters Association (NCRA) earned their certificated of Proficiency by transcribing 5-minute dictations of literary material at 160 words per minute.

The NCRA has come a long way since then. Headquartered in the Washington, D.C. metropolitan area, the organization has built themselves as a valuable resource for professionals pursuing a career in court reporting. Today, the NCRA has set much higher standards for certified reporters to earn their title. In 1935 these 27 Court Reporters Became “Certified Professionals” (CP). A CP is the modern day equivalent to a Registered Professional Reporter (RPR), the first of 3 certification levels. The second being a Registered Merit Reporter (RMR), followed by a Registered Dipomate Reporter (RDR).

Each of these levels has their own standards for achievement. Stenographers are able to become an RPR by scoring at least 70% on the RPR exam. This exam focuses on three areas: Technology, Reporting Practices, and Professional Practices. Additionally a court reporters transcription skill’s in literary, jury charge, and testimony settings have to exceed a minimum of 180, 200, and 225 words per minute, respectively, with a 95% accuracy rating on the final transcription, a far cry from the testing standards in 1935.

To progress to an RMR, a court reporter must pass these areas of evaluation at 200, 240, and 260 words per minute. An RDR, however, must pass a written exam to test one’s knowledge and experience. This is the highest level of achievement for a court reporter and allows veteran court reporters to distinguish themselves as excellent professionals in the industry.

Court reporters are able to extend their skill sets to other certifications as well. A Certified Realtime Reporter (CRR), for example, must prove during testing that they can set up and operate realtime equipment, write at a consistent 96% accuracy level at 200 words per minute, and convert their file into a final text file format. Other certification programs include a Certified Broadcast Captioner (CBC), a Certified CART provider (CCP), a Certified Legal Video Specialist (CLVS), a Certified Reporting Instructor (CRI), a Master Certified Reporting Instructor (MCRI), and a Certified Program Evaluator (CPE).

Certification test centers exist all over the country, including many here, in the Washington, D.C area. They provide the opportunity for aspiring reporters to build valuable knowledge and practice to pursue successful careers in the court reporting industry.

What Is A Deposition? Please, Someone Explain It!

/in /by

Jill Cohen
What does a witness know?

The purpose of the discovery process in legal proceedings is to find out exactly that. This discovery process is a period of investigation to gather the evidence and knowledge essential to legal counsel in building a successful argument in court. Information is shared among parties proceeding the case dismissal, settlement, or the taking before trial. The discovery process can entail several methods of investigation, including answering interrogatories, the production of documents, requests for admissions, as well as the conduction of a deposition.

A deposition exists as a part of this discovery process to uncover the facts that will help them prepare to go to trial. But what is it? It is an out-of-court oral testimony in which a witness is sworn under oath to answer a series of questions relevant to the legal matter. In depositions, witnesses are called before counsel and sworn in by a court reporter to unearth the facts of the case.

In such proceedings, a certified court reporter is called to record these testimonies and preserve them for later use. Using a stenograph machine, and often video recordings, the proceedings are documented to be later transcribed.

In federal cases, depositions are governed by rule 30. This is directive that stipulates the circumstances  of witness appearance, formal requirements in the reasonable notice of deposition, the production of documents, the requirements in methods of recording (audio, audiovisual, or stenographic), as well as the protocol of the deposition; This meaning the conduction of the officer, as well as the necessary on-the-record statements. Rule 30 also stipulates grounds for termination of the deposition, in addition to regulations for certification and delivery of the transcript and any exhibits that may be cited during the proceedings. A notable piece of Rule 30 is its conditions of an errata, which gives time for a witness to review the testimony and state any changes to the record as an addendum meant to clarify statements for accuracy and full understanding. Most state courts have rules that parallel the regulations set by rule 30 as well.

What Does A Court Reporter Do?

/in /by

Shari Broussard

A court reporter plays a pivotal role in the documenting of depositions, hearings, and various other courtroom proceedings. Court reporters, also known as stenographers, use stenotype machines to provide a record that will be used for the transcript. These stenotype machines are unlike common keyboards and allow reporters to phonetically type multiple letters per stroke, resulting in maximum efficiency in the courtroom. Stenotype machines are equipped with word processing capabilities that have the ability to translate each reporter’s shorthand language into the written English language while the stenographer is typing.

There are various types of reporters, but the most common are audio reporters and stenographers. Audio reporters differ in that they are recording the proceedings and not physically typing up what is being said at the time of the court room proceeding. Afterwards, they will either transcribe the audio recording on their own, or send it out to be transcribed by another resource. Stenographers actually type up what is being said on the record and will only use their recordings as a supplement if they so choose. The more experienced stenographers also have the ability to type in real time with at least 95% accuracy as a requirement of the NCRA (National Court Reporter’s Association).

When discussing the concept of court reporters, it is important to note their role as independent keepers of the record. This requires every reporter to be impartial to either side. Court reporters are all independent contractors that are simply vetted. Overall, this requirement is important when trying to maintain objectivity during the legal process.  In order to become a court reporter in some states, one must obtain certification.  Other states, and the District of Columbia, do not require certification.

Stenographers and audio reporters are able to earn their accreditations a variety of different ways such as: technical school, vocational school, or college. Reporters can even obtain their certification online as well. It is very important that the school chosen is certified by the National Court Reporters Association (NCRA) or The National Verbatim Reporters Association (NVRA). It is not a requirement for non-government agencies; however, government agencies do not use reporters that have attended an institution without this certification. The government also offers a specialized field for Federal Reporters. Court reporters who want to work in a federal court can earn a Federal Certified Realtime Reporter (FCRR) certification. As with most degrees, once schooling has been completed, testing is required in order to earn certification. A Registered Professional Reporter (RPR) is the most common type of reporter certification. In order to receive this accreditation, it is required to pass a series of three timed tests. Of course there are many types of certifications that can be pursued, but it is important to note which avenue appeals the most to one’s interest.

What Should I Wear To My Deposition?

/in /by

Shari Broussard

Projecting Professionalism Is Important During A Deposition: Dress Accordingly

Depositions can be stressful, and the last thing you want to be worrying about is whether you are wearing the right clothing. Capital Reporting Company handles many, many depositions each and every day, and our goal in this article is to give you some sense as to what we observe from witnesses in depositions.

For starters, let’s break things down into two categories: conventional depositions and video depositions. In a conventional deposition, the only evidence of the deposition itself will be the transcript. There will not be any photographs or video of you; accordingly, in theory, it does not matter what you wear because you won’t be seen. In a video deposition there will be a videographer and a stenographer at the deposition. The stenographer will transcribe your testimony, and the videographer will be placing your testimony on a digital memory card. When a deposition is video taped, what you wear becomes far more important.

It’s Better To Overdress Than Underdress

Even though – again, in theory – you will only be seen by a jury if the deposition is video taped, the witnesses we observe in most depositions are dressed professionally. What does “professionally” mean? In practice, witnesses are dressed as if they were attending a job interview, and some of the same rules apply. Being over dressed is better than being under dressed. Make sure your clothes are clean, neat, and pressed. Dress conservatively. Common sense governs here, of course.

Moving to the nitty gritty, here are some things we see when we serve as the court reporter:

  1. Most men will wear a collared shirt, oftentimes with a jacket and tie.
  2. Most women will wear a pants suit, or a skirt.

If you will be having your deposition taken and you are simply a witness, then what you wear is not critical. If you are an expert witness, or you are the plaintiff or defendant, always act on the side of caution. For example, if you have been involved in an automobile accident, or are going through a divorce, then you should definitely wear a suit (and tie if you are a man). But if you are simply a witness to a car accident, then what you wear is much less of an issue.

Good luck with your deposition!

What Should I Expect In My Car Accident Deposition?

/in /by

Jill Cohen

What Should I Expect In My Car Accident Deposition?

If you’ve been injured and your case goes into litigation, your attorney will talk to you about discovery.  As discussed in an earlier blog post, the most common types of discovery are interrogatories, requests for production of documents, requests for answers, and depositions.

A deposition is a process where attorneys for both sides of a case ask a witness a series of questions pertaining to the case, usually trying to get more information about the facts of the case to get a greater understanding of the entire situation.  The witness will be testifying under oath, so everything he or she says must be answered truthfully.  There will be a stenographer or court reporter in the room to record everything that is being said and the stenographer will then create a transcript of each witness’ deposition for all of the parties.  The parties then have a record of what was said at the deposition which can assist in following up on evidentiary leads.  There may be new people to speak to, new documents to look for, or developing a new strategy for trial.  Depositions are also good preparation for attorneys to know what questions they do or do not want to ask at trial – because they have already heard the answers!

Now that you know what a deposition is and why it’s useful in litigation, what should you expect from a deposition?

You may receive a notice in the form of a subpoena which will notify you that you must appear at the stated date and time at a stated location to be deposed.   Alternatively, this may just be arranged by your lawyer.  The notice may indicate how long the deposition is expected to last.  You may also be asked to bring documents with you, often photographs or other records that are related to your injury.  You may also be asked to bring physical objects, for example medical equipment that you needed after an injury.

Before going into a deposition your attorney will talk to you about the facts of your case and prepare you for questions he will ask you, but also what the other attorney may ask you.  Your attorney cannot tell you what to say, but will tell you to answer honestly.  Your attorney will be sitting with you through the whole deposition, so you will have a familiar face in the room with you.

A deposition almost always starts with easy, basic questions, which ease you into the deposition.  You will state your name and address. You will often be asked your occupation and the address of your job.  You will probably then be taken back to the day of the injury and asked a series of questions about that day, the circumstances surrounding the accident, what you did after the accident, your medical treatment, work that you missed, and any changes in your quality of life.

So let’s see how this plays out using an example of a basic car accident.

On December 20 at 6 PM you are the driver of a car, driving on a busy highway during rush hour.  You are looking at the traffic in front of you, when suddenly your car is jolted and you realize you’ve been hit from behind by another car.

After the initial, basic questions, the attorney may ask you questions to describe the accident and the extent of your injuries:

-Do you recall the evening of December 20?

-Can you tell me what you were doing that day?

-What was the traffic like?

-Did anything out of the ordinary happen?

-Describe the accident for me.

-Right after the accident what did you do?

-What did the Defendant do immediately after the accident?

-If you and the Defendant spoke to each other, what did each of you say?

-Did you call the police?

-What did you say to the police officer?

-Did the police officer write up a report?

-Did you see the officer give anyone a ticket?

-Did you go to the hospital?

-How did you get to the hospital?

-Which hospital did you go to?

-Did they run any tests on you?  What kind of tests were they?

-What did they tell you about your injuries?

-Did they tell you to follow up with any doctors?

-What doctors did you see and for what injuries?

-Describe the pain that you were in.

-What could you not do or did you have difficulty doing because of your injuries?

-How long did those limitations last?

-What can you no longer do that you used to do?

-How has this affected your ability to work?

We hope this gives you some insight as to what might go on in a typical car accident deposition!

Depositions in Divorce Cases

/in /by

Shari Broussard
Depositions in Divorce Cases

MARYLAND/ DC/ VIRGINIA/ DEPOSITION/ COURT REPORTER/ INJURY LAWYER/ DIVORCE LAWYER

A skilled court reporter has the ability to cover a wide variety of cases, from personal injury and accident cases, to family law and divorce cases. Depositions taken in different types of legal matters can present different challenges to court reporters depending on the emotional stakes or subject matter of the case. For example, injury cases often involve a lot of technical and medical language that the court reporter must take down correctly.

Divorce depositions are often especially unique because of the personal and emotional nature of the issues that accompany divorce actions.  While a personal injury lawyer might use a deposition to get witness testimony or accounts regarding an accident, a divorce lawyer’s goal is to get as much personal information as possible about the other party.

Depositions taken in divorce matters usually serve to find facts or information that aren’t gained through normal discovery. The deposition can be a divorce lawyer’s best opportunity to find out about the opposing party’s personal life, spending habits, and parenting style. Often, deponents who have not been properly prepped by his or her lawyer will accidentally volunteer information that would not have otherwise come out. Divorce lawyers rely on these statements to strengthen the case that they will bring before the Court, and it is crucial that the court reporter capture every question and answer as accurately as possible.

Hours of questioning on such personal and uncomfortable topics can easily lead to shouting matches, backtracking, and a lot of stuttering.  Throughout these exchanges, it is the court reporter’s job to take down an accurate record of the proceeding.  Experienced court reporters will anticipate the difficulty of divorce depositions and be prepared to precisely recount the deposition, despite cross talk and arguments.

Divorce depositions can become even more complex when a child is deposed. In an intimidating situation like a deposition, children can become emotional and easily overwhelmed. The question and answer process can be strenuous for all parties, from the child who feels singled out, to the lawyer who struggles to be sensitive while getting important information. Children often become increasingly quiet when questioned, further increasing the difficulty of the court reporter’s job. Some states do not allow children to act as witnesses, but in Maryland, Virginia, and Washington, D.C., a child can be deposed as long as he or she is deemed competent by the Court.

Qualified court reporters can handle the emotional strain of divorce case depositions with professionalism and are able to provide clients with a factual record of the proceedings.

Best Practices for Using Word Lists in Depositions

/in /by

Shari Broussard

Properly Assembled Word Lists Help Court Reporters & Make Depositions Easier

Word lists are a very effective way of assisting court reporters in keeping an accurate transcript, as well as making sure that the deposition proceeds as smoothly as possible. Put simply, word lists are lists of key phrases that will be used during the deposition that may either be technical in nature, or have unique spellings. Best practice dictates that the trial lawyer prepare the list in advance so that the list can be given to the court reporter or the court reporting agency before the deposition begins.

One good example comes from a medical malpractice case. The case involved whether an eye doctor committed malpractice. The eye doctor was an ophthalmologist, not an optometrist. The medical malpractice lawyer taking the deposition clearly understood that most of the world spells “ophthalmologist” improperly, missing the third letter, which is an “h”! Accordingly, the lawyer taking the deposition prepared a word list that included the word “ophthalmologist.” This helps improve the accuracy of the transcript when it was ultimately completed.

In some instances, a deposition of a witness may span several days. There may be new court reporters who come in and out at different times, and a word list helps the new reporter figure out exactly what the testimony is about.

A final benefit of using a word list is that it helps the deposition proceed more quickly. When a court reporter is unsure as to the spelling of the word, the court reporter will later need to get the correct spelling. Having a word list that was delivered in advance of the deposition will help this process proceed more smoothly.

A good word list is simple to create. The trial lawyer can simply create a basic list of key phrases. It is recommended that the lawyer deliver this to the agency ahead of the deposition, as well as the court reporter at the time of the deposition.

Car Accident Deposition: 3 Of The Most Common Questions Asked

/in /by

Jill Cohen
3 of the Most Common Questions Asked in a Car Accident Deposition

Capital Reporting Company handles many different types of cases, but one very common case type arises from a car accident.  When we handle cases for car accident lawyers, we see a lot of questions that are asked.  Below are the top 3 questions we see in our transcripts:

1.  Describe the car accident:  Car accident lawyers always seem to ask the question, “How did the car accident occur?”  Parties typically describe the speed that they were going, the direction, and the mechanics of how the car accident actually occurred.  Both sides are asked this question, because there may be a dispute as to how the accident occurred.  This is referred to as “liability” which means who was at fault in the car accident.

2.  Were there any witnesses?:  Oftentimes, car accidents have witnesses. This may be a passenger in a vehicle, or an uninvolved bystander.  In cases where the facts of the accident are in dispute, identifying witnesses may help the trial lawyers figure out exactly what happened in the accident.  These so called witness depositions will include a line of questioning around how the car accident occurred, and who was at fault.

3.  Was the plaintiff injured?   During the deposition of the plaintiff (i.e., the injured victim), the question of damages always arises.  Was the plaintiff injured, and if so, how badly. These types of questions can explore the nature of the injuries, how long treatment lasted, the amount of the medical bills, and the condition of the plaintiff today.  In a small case, where the injuries did not require extensive treatment, the deposition may be shorter. However, in bigger cases with substantial injuries, the deposition may last longer and be more extensive.

Car accident lawyers in D.C., Maryland, and Virginia, as well as nationally from San Francisco to Chicago, frequently litigate their cases, and with that litigation comes depositions.  There are some common themes that arise during these depositions, and these themes are found across Baltimore depositions, Chicago depositions, and San Francisco depositions alike.