Strictly off the Record...

7/15/2014 | by Heather Duncan, Esq.

STRICTLY OFF THE RECORD. . .

In this month’s post, Network Deposition Services would like to help clarify what constitutes grounds for going on and off the record at a deposition and how and when a deposition may be suspended.

During a deposition you are “on the record.” That means that the court reporter is transcribing everything that is being said by anyone in the deposition room and any legal videographer is recording the same. Simply stating “off the record,” is rarely, if ever, grounds for the court reporter to stop transcribing what is being said. 

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The Mythology of the “Standard Stipulation”

6/15/2014 | by Heather Duncan, Esq.

Depositions often end with the taking attorney looking around the room and asking the others, “standard stipulation?” The response is often disinterested nods from the other attorneys, most of whom have no idea what they may or may not have just agreed to.

It is important to keep in mind that in California there is no such thing as a “standard stipulation,” for handling the original and copy (O&1) of a deposition transcript.

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*Sex, Lies & Videotaped Deposition Proceedings

5/12/2014 | by Heather Duncan, Esq.

The California Rules of Civil Procedure 2025 et seq. and the Federal Rules of Civil Procedure Rules 30 and 31 provide guidance for recording depositions using audio and/or video.

Absent an agreement of all parties, the party who schedules the deposition is required to give notice of the intent to record the deposition by audio or video in the Notice of Deposition. Any other party may make an audio or video record of the deposition provided that all other parties are given written notice at least three calendar days before the date of the deposition. 

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