When to stop the discussion on the record.

Asked by Spooky {1079}
3/11/2012 12:27:42 AM

I'm working on a deposition now where the attorneys decided to stop and reschedule the deposition because the skype was not working properly (I already told this story.)

At the end they never tell me to go off the record, but they talk for a few pages about rescheduling the deposition and like their availability and things like that.  It doesn't seem like this stuff should stay on the record, but I'm afraid to take it out.

I'm having a problem transcribing this depostiong, concidering I was the one handeling the skype.  I was in and out of my seat the whole time and my recorder picked everything up; the problem is, I don't know what is on or off the record.

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Answered by Rosalie {3073}
3/11/2012 9:53:01 AM

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I would put everything in the record, except for the parts where you left your seat.  In those areas I would put (Discussion held off the record.) or (Reporter reconnecting Skype.) or something along those lines.



Answered by GeGe {92}
3/11/2012 10:12:48 AM

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Just out of abunance of caution, I would type it all.  That entire scenario was yucked, out.  You don't want to give him any excuse to complain about anything else. 



Answered by pinksteno {1426}
3/11/2012 9:38:35 AM

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I agree with GeGe.  Transcribe all of it. 

By the way, it is outrageous that you were expected to write and run Skype at the same time.    And these attorneys knew that, but they took advantage of a young, new reporter. 

 



Answered by DEPOGRL {41}
3/13/2012 2:42:23 PM

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I would agree with Angela.  I would have asked if they wanted this on the record or not.
 



Comments from Facebook

Angela Peavey Vanoy
I would have asked if they wanted this on the record or not.
Sunday, March 11, 2012
Deanne Newberry Hutson
When you are not at your machine writing, it should not be on the record. The attorneys should be cognizant of that fact and should have made a comment that they`re off the record. But since they didn`t, you should include a parenthetical about technical difficulties and discussions were held off the record. Save your audio. If the attorneys want to know what was said during this time, you will always have the audio of it.
Sunday, March 11, 2012
Kim Ballard
Did you keep writing? I would end it where I quit writing. The audio isn`t the record. Your notes are the record.
Sunday, March 11, 2012
Lisa Hagman
My general practice in this type of scenario (of course, I do chirp in, Do you want this on the record? but usually they`ve already said a couple of things I didn`t think they really wanted on the record,) so I`ll put one or two comments, basically to show the subject matter that they were talking about, like, well, maybe we should reschedule... and then put the off-the-record blurb in.
Sunday, March 11, 2012
Jackie Sigwing
If they saw you moving around, they assumed you were off, most likely. Deanne`s suggestion is perfect.
Sunday, March 11, 2012
Jessie Coburn
I don`t go off the record until they say off the record or I ask them, especially in a deposition where everyone has to agee it is off the record. I sometimes ask one of my judges if some inane (to me) conversation should not be on the record, and they will tell me to stay on the record.
Sunday, March 11, 2012
Susan Capobianco
I wouldn`t put it in. Keep your tape for awhile, just in case you get a call about it not being in the transcript then amend the transcript to all parties. Sometimes we give attorney`s too much credit for remembering what they said and most of the time they don`t.
Sunday, March 11, 2012
Nancy Kirchoff
I would probably call the client and ask them if they wanted it on the record.
Sunday, March 11, 2012
Nancy Kirchoff
Better safe than sorry!
Sunday, March 11, 2012
Louise Nielson
Lesson learned....ask at the time and it will save you the stress of trying to guess! I always ask if they start to talk about things like that!
Sunday, March 11, 2012
Maria Powers
If u were walking around u weren`t writing, Unless they were all blind,they can`t expect u to have it on the record. Save audio just as a backup only. Audio is not the record
Sunday, March 11, 2012
Lori Noel Lewkowitz
Always ask if they want the discussion on the record.
Wednesday, March 21, 2012

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