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Going On & Off The Record NSRA Advisory Opinion No. 6

Friday, October 8, 2021

Advisory Opinion No. 6 of the National Shorthand Reporters Association reads in part: "Therefore, if the parties are in disagreement about whether to go on the record, the reporter must go on the record in order to preserve the testimony so that a judge may rule on its admissibility at a later date."

Off The Record & On The Record

Thursday, October 7, 2021

REASONS TO GO OFF THE RECORD: Some common reasons include: All parties agree (pursuant to CCP); someone states he/she is going to move for a protective order (pursuant to CCP); marking exhibits; steno machine malfunction; personal safety (physical fight between parties); with noise (outside distractions). (See "Read more" for complete CRB article)

Fed. Rule 30(e)(2) Changes Indicated in the Officer's Cert.

Tuesday, October 5, 2021

Rule 30(e)(2) Changes Indicated in the Officer’s Certificate. The officer must note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, must attach any changes the deponent makes during the 30-day period.

Fed. Rule 30(e)(1) Review; Statement of Changes

Tuesday, October 5, 2021

Rule 30(e)(1) Review; Statement of Changes. On request by the deponent or a party before the deposition is completed, the deponent must be allowed 30 days after being notified by the officer that the transcript or recording is available in which: (A) to review the transcript or recording; and (B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them.

Fed. Rule 30(b)(5)(C) Officer's Duties After the Deposition

Tuesday, October 5, 2021

Rule 30(b)(5) Officer's Duties. (C) After the Deposition. At the end of a deposition, the officer must state on the record that the deposition is complete and must set out any stipulations made by the attorneys about custody of the transcript or recording and of the exhibits, or about any other pertinent matters.

Fed. Rule 30(b)(5)(A) Officer's Duties Before the Deposition

Monday, October 4, 2021

Rule 30(b)(5) Officer’s Duties. (A) Before the Deposition. Unless the parties stipulate otherwise, a deposition must be conducted before an officer appointed or designated under Rule 28. The officer must begin the deposition with an on-the-record statement that includes: (i) the officer’s name and business address; (ii) the date, time, and place of the deposition; (iii) the deponent’s name; (iv) the officer’s administration of the oath or affirmation to the deponent; and (v) the identity of all persons present.

Fed. Rule 30(b)(4) Remote Means

Monday, October 4, 2021

Rule 30(b)(4) Remote means: The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means. For the purpose of this rule and Rules 28(a), 37(a)(2), and 37(b)(1), the deposition takes place where the deponent answers the questions.

Notice of Deposition Verbiage

Monday, October 4, 2021

Loophole re Wording of Deposition Notices

Fed. Rule 30 Depositions By Oral Examination

Friday, October 1, 2021

Federal Rules of Civil Procedure By Oral Examination

Gov. signs SB 241 Remote Access To The Courts

Friday, October 1, 2021

Per SB 241, evidentiary hearings can be conducted entirely or partially through remote means, absent a showing by the opposing party as to why remote should not be allowed. Expert witnesses can appear remotely absent good cause to compel in-person testimony.

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