Court Reporting

April 18, 2013 By Dawn Houghton

When Will I Get My Transcript After the Legal Deposition?

A common question I am asked by attorneys is “When can I expect to get my transcript?”

I thought I would take the opportunity to answer this question here in case you are wondering how long it takes to receive a transcript after a legal deposition has been taken.

When an attorney takes a deposition, the average time it takes a court reporter to finish a transcript and deliver it can be 10 days to two weeks. At O’Brien and Bails we strive to deliver transcripts in 10 days.

How to ensure you get your transcript on time

Before leaving the deposition, request that a transcript be prepared. If this is not possible at the deposition, then as soon as you know you will need a transcript, call the court reporter to make the request.
If there is a specific date or if you need a deposition sooner than the normal turn-around period, be sure to notify your court reporter as soon as possible.
Follow up with the court reporter if you have any questions regarding the expected delivery date of your transcript.
If you do not see your transcript within 2 weeks, you should contact your court reporter to inquire.

How a transcript is prepared

Understanding the transcription process may help you understand the issues involved in creating a timely transcript.

When proceedings are over and a transcript is ordered, the court reporter returns to the office, accesses the digital file, and reads through the entire proceedings to ensure accuracy. Any areas that did not translate correctly need to be edited. The reporter will compare steno shorthand notes to the translation to ensure accuracy.

A reporter will also pull information from many sources in order to make sure the transcript is as accurate as possible. For instance, they may do research on the Internet, they may contact the legal assistants involved in the case for specific spellings of names that are involved in the case if they are unable to find the information on the Internet, or they make look in reference material in order to make sure they have the terms spelled correctly.

Once finished editing, a court reporter then carefully reads through the transcript again to proofread for spelling or typographical errors.

Some reporters proofread the transcript a second time if the testimony involved technically complex subject matter.

The next step is the production aspect, which involves printing the transcript and also putting the transcript through several different computer programs in order to make it available electronically in many different formats. Exhibits are scanned in order to link them up electronically to the transcript so they are available, along with printing/copying the exhibits so they are available in hard copy. Then the transcript and exhibits are uploaded to a repository that can be accessed by the attorney/legal assistant, and also many times delivered electronically to the ordering parties.

Because there are several steps involved in preparing an official transcript, a court reporter has several things to consider when a rush transcript is ordered. A reporter will often have other transcripts to finish before she or he can work on finalizing yours. Special arrangements need to be made to juggle transcript deadlines. That is why having advanced notice of a rush transcript order allows a reporter to make special arrangements to clear out his or her previous workload so your transcript can be finalized more quickly.

Receiving your transcript when you need it

Court reporters understand there are circumstances under which you may need a transcript faster than the normal turn-around time. If we know you have a need for your transcript by a certain date, every effort will be made to meet your request. It can be common for court reporters to work through the night to make a transcript available the next day when they are requested. A good rule of thumb is that it takes two to three hours to finalize a transcript for every hour the reporter writes the testimony at the deposition.

At O’Brien & Bails, we are dedicated to getting you the transcript when you need it!

If you would like to schedule an O’Brien and Bails court reporter for your next deposition, use our Deposition Scheduler online.

April 11, 2013 By Dawn Houghton

West Michigan Court Reporter Knows His Priorities

The reporters at O’Brien & Bails are not only true professionals, but great people to work with. We would like to take some time to let you get to know our court reporters.

Here is what reporter Carl DePerro has to say about his years of experience in the field of court reporting.

I grew up in Detroit, and went through Detroit Public Schools when the schools were first rate. I had an older cousin growing up who went into the profession of court reporting and did very well. He always wanted me to go into the profession, and in 1975, after 18 months, my teacher at Macomb College, Mr. George Jackson, thought I was ready to work. And so I began working two days a week in Romeo District Court reporting arraignments. Being in front of a courtroom the size of a large bedroom with 50 suspected drinkers and drug offenders was one of those moments when you say to yourself “What am I doing here?”

Later, I worked for my cousin in his fairly large firm doing mostly depositions and court work. He had a pool of typists to whom we dictated our notes. Once transcribed, the transcript came back to me for proofreading, then back to the typist for corrections.

I wanted to move to Portland, Oregon for a better life with my new bride. In 1978, I obtained an official court reporting position in the town of Hillsboro. In Hillsboro, I was the official reporter AND the typing pool. I did it all myself. It was difficult. Try typing a four-day trial for the Court of Appeals in 30 days while more trials are coming down the pike each day.

Back to Detroit in the early ’90s, I worked for my cousin again.

The transcript load was very heavy. I often worked nights and weekends. But I was a family man, had small kids, and family came first. Even if I had to turn a job down, make the boss/cousin angry, so be it.

It’s all about priorities. You can make $100,000 a year, but if your kids don’t know who you are and you don’t know who they are or what they are doing, forget about it. Who is happy? My grown-up kids and I have the best relationship today. So much so that I and my wife have moved to Kalamazoo to be with our children and grandchildren. They actually wanted us here.

Kalamazoo and Grand Rapids, Michigan, are great places to live and work. I am enamored with both places. I began working with O’Brien and Bails the first of this year and have had a great experience so far with all of our clients.

Over the years, much has changed in court reporting. The computer has been such a great tool for us to produce transcripts. The reporters at O’Brien and Bails and the staff are very interested in staying on top of all the changes going on in the field.

To find out more about the field of court reporting, you might be interested in our recent blog post “What Does a Court Reporter Do?”

March 28, 2013 By Dawn Houghton

How Much Does It Cost to Hire a Court Reporter?

From time to time we get asked the question, “How much does it cost to hire a court reporter for a legal deposition?” Often this question comes from a new attorney, a legal assistant, or a plaintiff or defendant not familiar with litigation practices. To answer the question, let’s first define “legal deposition.”

A deposition is testimony given by a plaintiff, a defendant or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. At the beginning of the deposition, the deponent is asked to swear or affirm that the statement will be truthful. The deposition is taken by a lawyer asking questions of the deponent. Usually, the lawyer for the plaintiff will take the deposition of the defendant, and the lawyer for the defendant will take the deposition of the plaintiff. However, other people with knowledge in a lawsuit may also be deposed. Either lawyer may take the deposition of these other people who have knowledge important to the case.

The deposition is taken down stenographically and transcribed by a court reporter. The court reporter’s fees will often include an hourly appearance fee, a fee for each page of the transcript produced after the deposition, as well as other costs such as fees for copying and attaching exhibits that were marked during the deposition.

Appearance Fees:

The appearance fee is typically an hourly fee charged for the time the court reporter actually spends at the deposition. If neither party requests that the transcript be prepared after the deposition, then the fee to the noticing party will usually include a non-write hourly appearance to cover the court reporter’s time during the deposition.

Page Fees:

The larger cost of hiring a court reporter is often the cost of the transcript. When one party orders the transcript, the court reporter will prepare a written record of the testimony, as well as charge a fee per page of transcription.

The attorney who orders the transcript will be charged a higher fee for the “original” transcript. Other parties may order copies of the transcript for a lesser page rate after the “original” has been ordered by a party.

If a transcript is ordered on an expedited or rush basis, the per-page rate can increase by 40% to 100% per page depending on the time of the requested delivery. It will be more expensive to order daily delivery of a transcript versus two- or three-day delivery. If you do need a transcript in a hurry, be sure to inform your court reporting agency as soon as possible so they can make the necessary arrangements. They will be able to tell you what the expedited page rate will be.

Most court reporters will provide a transcript prepared according to industry standards. On average, a standard deposition page is 25 lines per page, and 50 to 65 characters per line, although each State may have their own format rules the court reporters must follow.

In the State of Michigan, court reporters are provided with the standard format to follow that is outlined in the Michigan Manual for Court Reporters and Recorders which they must adhere to. There is not a specific character per line stated in the Manual, but from our calculations when using the instructions provided from the State of Michigan, we believe the characters in the longest line on the transcript falls in the 65 characters per line range. This can be a very important distinction when calculating how much your transcript will really cost.

Additional Charges:

There are additional charges which may be incurred during a deposition. Most court reporters will retain any exhibits marked during the deposition and make copies to attach to all transcripts and usually will attach the original exhibits to the original transcript. Copy charges can range from 20 to 40 cents a page for black and white copies to a dollar per page or more for color copies or oversized copies. These rates are set by each court reporting agency and may vary.

Shipping and handling charges may also be included in the price of transcript. These fees can vary from agency to agency as well.

Some court reporting agencies also charge fees for condensed transcripts, ascii versions of the digital transcript, or keyword indexes. At O’Brien and Bails Court Reporting, we do not charge extra for these items.

When calling your court reporting agency to schedule a deposition, it is a good idea to ask about these charges as they do vary from agency to agency, and it is important to be aware of the format the agency is using in order to accurately compare the page rates.

March 15, 2013 By Dawn Houghton

Kalamazoo Court Reporter Expands Knowledge in a Wide Variety of Areas

O’Brien & Bails isn’t just another court reporting firm. We are made up of individual people who happen to be Michigan court reporters. We thought we would take some time to let you get to know our court reporters.

Mary Howland has been a court reporter since 1978. She has been with O’Brien and Bails since 1987 and is based out of our Kalamazoo office.

Before becoming a court reporter, have you ever worked in other jobs or fields?

Court reporting is the first job I had other than summer jobs. I worked with Kelly Services in 1977 and got my first taste of “freelance” work.

Where did you grow up?

I grew up in the Kalamazoo/Battle Creek area. (Gull Lake)

What changes have you seen in the industry since you became a court reporter?

A major change and improvement is computerization. No more paper steno notes to be typed manually or dictated for a typist.

What is the best part of being a court reporter?

The challenge of expanding your knowledge base in new areas when you cover expert testimony. It is a learning experience.

What is the most challenging part of being a court reporter?

Understanding witnesses with accents!!!

As a court reporter, what is your biggest fear?

My biggest fear and my recurring dream is showing up for a job and forgetting my equipment.

What has been your most challenging deposition?

Patent infringement on electrochromic mirrors with expert electrical/chemical engineers from Scotland with a thick brogue testifying about chemicals used in the patent.

Have you ever had funny things happen to you in a deposition?

Yes, there are frequently funny things. I had to do a deposition in a barn years ago when I had the old paper steno machine. A group of barn cats found the paper streaming in the paper tray to be an interesting toy. Not only did I have to report the vet’s testimony on the cow issues, I had to (okay I’ll admit it) kick cats away at the same time.

Do you have any tips about work/life balance?

Family is always first and foremost. I live for family, I wake up to work.

If you would like to schedule a deposition with Mary Howland or one of O’Brien and Bails’ professional court reporters, you can do so by going to our Online Deposition Scheduler.

February 16, 2013 By Dawn Houghton

Michigan Court Reporter Appears in Hollywood Movie

Paul Brandell, Ingham County Circuit Court Reporter, recently had the opportunity to appear in the movie “Real Steel” with Hugh Jackman. We liked his story so much, we wanted to share it with you. Here is Paul’s account as it appeared in The Record Times, a publication by the Michigan Association of Professional Court Reporters.

Right Place At The Right Time

By Paul Brandell, CSR, RPR

Since 2008, the State of Michigan has offered tax incentives to entice film studios to bring their work to Michigan. The Ingham County Courthouse in Mason reaped the benefits of those incentives last July when Amblin Entertainment and Dreamworks Studios filmed scenes using the courthouse for an upcoming movie starring Hugh Jackman.

Anyone who works in a courtroom has their share of interesting and intriguing trials and cases, but having the courthouse taken over by a movie production company was definitely out of the ordinary.

Every movie has an expert who scouts possible locations for the shoot. When it came time to find a courthouse, Ingham County’s was exactly what they needed. The courthouse is well over a hundred years old. It was completely renovated in 1992 and restored to its original beauty. Each floor has oak doors and trim, ornate plaster and woodwork with decorative tile work throughout. There is a majestic feel with the high ceilings, four chandeliers, two jury boxes, the gallery filled with oak seats, and the Judge’s bench presiding over it.

Whispers about the courthouse being used as a film location began in early 2010. Depending on who you talked to, though, there was a different timetable as to when or even if it was going to happen. I think the staff here started to truly believe it when studio people came up here and began to take pictures of every conceivable area and angle of the courtroom, the jury room, the second floor hallway with its marble staircase, and the beautiful courtyard.

Sometime after the first of June is when things got exciting for us. About 25 members of the film crew met with the Judge; picking his brain about the procedures that are followed during session, as well as who would be in a courtroom while session is going on.

As an official reporter, I consider the courtroom to be the reporter’s territory. We keep the record and help maintain a good working environment with the law clerks, deputies, court clerks, judicial assistants, and the Judge, so I was especially curious to know what was going on in “my” courtroom. I figured that it would be okay to go and check it out. I also thought it would be a good idea to get my élan Mira writer out of the way (you know, to keep it from getting damaged with that many people moving around in there) My wife, Carrie, didn’t buy that part of the story saying that I just wanted to see what was going on. Sue me! (No, don’t sue me.) As always, she was right.

Soon after I sat down at my desk, the director, Shawn Levi, asked the Judge, “What about the stenographer? Is there always one in the courtroom?” Apparently I felt the need to expound on the Judge’s answer. Mind you, I wasn’t asked, but I thought, what the heck. They needed to know what the best way of taking the record was and how it was done. A few minutes after that, the 1st Assistant Director, Josh McLaglen, introduced himself and asked if I would like to be the stenographer in the two scenes they would be shooting in the courtroom. After I picked my mouth up off the floor I, of course, accepted, and I don’t believe I have stopped buzzing about it ever since.

I thought to myself later that now I have an opportunity to accurately portray a reporter in a movie. There will be no one finger typing, no slow motion moving of the fingers on the keyboard, and absolutely no paper falling out of the tray and onto the floor.

Giving credit where credit is due, it was suggested to me by Melinda Dexter, a fellow reporter here in the county, that I should call Stenograph to see if they would be willing to loan me their newest machine, the Diamante. I put a call into Judy Wolfe in the marketing department and they graciously sent me their machine to use in the scene. I currently write on an Élan Mira, but I must say that the Diamante is a wonderful writer with a nice large screen and a lightweight feel. I appreciated the opportunity to sample it.

The anticipation of the actual shoot couldn’t have been higher for me. There were a few other county employees that were also selected to be background extras. Two of our deputies were selected to be, you guessed it, deputies. A handful of other employees were extras walking through different scenes as well. They transformed our courthouse from Ingham County, Michigan, to Ingham County, Texas. The building received a nice facelift from the floors up.

I was told to report at 7:30 a.m. for wardrobe check and they called me on the set at 8:00 a.m. Hair and makeup was next and then taking my place on the set. It takes quite some time to get the lighting set and perfect. Many of the crew had just finished winning Oscars for their work on Avatar, and to see them in the act of their craft was truly amazing. Everyone knew their job. They all seemed to work perfectly with each other, but I was amazed at all the equipment necessary to shoot an indoor scene. They were constantly changing a light filter or opening a blind just an inch, and then putting the light meter next to us and checking their readings. The four main actors in the scene each had a person standing in for them during this process. I thoroughly enjoyed my time, though, sitting in my chair and watching all of them.

There were many moments that stand out for me. The most prominent ones, though, deal with my job as a reporter. The first came when Hugh Jackman entered the courtroom for the first time. He has a certain presence when he enters a room. Any thought of him having a large Hollywood ego goes away very quickly, though, when you meet him. While standing next to my desk, he was chatting with a crew member about how nice our courtroom is. I took the opportunity to speak up and comment that it is a great place to come to work every day. Of course, they did not know at the time who I was. We introduced ourselves, and Hugh asked, “So this is your gig?” He then seemed genuinely interested when I showed him how the Diamante worked.

After all the lighting and camera angles were set, the actors came in. In addition to Hugh Jackman, in the scene the Judge was played by Miguel Sandoval, who you will probably remember as the main drug lord in Clear and Present Danger with Harrison Ford. The other two actors were Hope Davis and Jim Rebhorn. Hope has been in numerous TV shows and movies, and was recently nominated for an Emmy as a lead actress in a miniseries. Jim has been in so many different things it would take a couple of pages to list them.

We proceeded to go into scene rehearsals at this point. During the first one, the director happened to be standing right behind me leaning on my desk. I had not noticed him until he said “cut”. His next words, however, couldn’t have been sweeter to my ears. He leaned over my desk and said, “Oh, my gosh! Do you guys know what he is doing with his machine? Everything that is said he is writing and it’s coming up in English. It’s like magic!” At that point I felt like a rock star. Here was somebody, who didn’t have any idea what reporters did or what we are capable of, commenting to everyone within earshot how awesome the technology was. How cool is that? Throughout the rest of the day I fielded questions from the rest of the actors and crew about reporting and how it is done. At one point when I was sitting in the gallery watching a scene being set up that I was not a part of, I saw a crew member looking at the writer. She looked around to see if anyone was watching. She apparently felt the coast was clear and proceeded to slowly and gingerly depress the keys. When I went back later there were lots of S’s, T’s, its, the’s and a few untranslates on my screen. It was great to have so many people show an interest in what I do.

My day of shooting was done at around 7:00 p.m. I was not needed on the second day as they were shooting in other areas around the building. I was fortunate at that point to be able to watch much of what was going on. My family was also able to come out and spend about three hours watching a scene being shot outside. There were a good two to three hundred people outside behind ropes also watching and hoping to get a glimpse of Hugh. My nine-year-old son, Matthew, was, of course, one of them. He is a big Wolverine (the movie character, not the University of Michigan) fan, and all he wanted to do was get a chance to meet him. He was not disappointed.

After shooting his last scene, Hugh went out into the crowd to sign autographs and take pictures. This was the third time he had done this in the two days of shooting. We were lucky to be positioned where we were in the courtyard, however, and right before he was to get in his vehicle and leave, I caught his eye. He came right over and I introduced him to Matthew. Now, Matthew is all of four and-a-half feet, and Hugh is easily 6’3”. Hugh talked to him and shook his hand. Matthew was starstruck, eyes wide open, but thankfully remembered his manners and said hello. One of my best memories, though, is having Hugh tell Matthew, “Matthew, you know your father is a great actor. There was a scene that the director wanted to cut, and I said, ‘No, you can’t. We need Paul’s hands in that scene.’” I could just see the words flying over Matthew’s head, but it just made my day. Hugh also took the time to introduce himself to my wife and my daughters, Megan and Mollie.

The right place at the right time. That is how I feel about my whole movie experience, from my first thought about going into the courtroom and checking out what was going on, to being in position to introduce my family to Hugh. Everyone I met during this experience was more than accommodating. Josh McLaglen and his staff went out of their way to make sure everything went smoothly here in our regular place of business. All the actors were nice to a fault, regular people who have a not-so-regular job.

We are all hoping that this will not be the last time that Hollywood comes to Mason, Michigan. I can assure you that it if it ever happens again, though, I won’t be shy in speaking up about making sure they have a real court reporter portraying the stenographer. It was an amazing experience that I won’t soon forget.

Look for the movie, titled, “Real Steel”, released in November of 2011. When you are in the theater enjoying the movie, look for me. I won’t be hard to miss. I will be the only “real” court reporter on the screen.

If you liked this post, you might also like 10 Notable Legal Courtroom Movie Scenes.