Court Reporter Shipping, Formatting, Turn-In

Transcription

TRAINING GUIDE FOR COURT REPORTERS
Thank you for working with DepoTexas/Sunbelt Reporting & Litigation Services. The following
guide is for your information and for training purposes. Along with a general overview of how
your work is submitted, there are detailed guides that show you how to successfully ship and
turn in your jobs, along with many other valuable pieces of information.
Please feel free to contact your local manager/scheduler or production department for any
questions or concerns you may have.
INDEX
Reporter Process Overview................................................................................................. 2
Shipping Exhibits and Forms with FedEx............................................................................ 6
Turning In Your Jobs Online................................................................................................ 12
General Information / Frequently Asked Questions............................................................. 19
Transcript Formatting and Examples................................................................................... 21
Policy on Handling Federal Case Depositions..................................................................... 58
1
REPORTER PROCESS OVERVIEW
Thank you for working with DepoTexas!
We want your jobs to go as smoothly as possible. In order to ensure that your job is turned in in a timely
manner and that you are paid for your work quickly, this overview will guide you on how to handle each
step of our process.
In order to guarantee that your jobs are produced and billed in a timely fashion, the steps in this guide
need to be followed. Doing so ensures that you are paid promptly for your work.
Not getting certain information at the time of turn-in, not getting Order Forms completed and turned in, or
not receiving your final transcript/turn-in on time can delay your payment.
If you ever have any questions about certain details with these steps, you can always contact
production1@depotexas.com or the scheduling department at your local DepoTexas office.
WRAP–UP
Following the instructions in this guide ensures that your job is produced and billed properly,
which allows you to quickly get paid for your work. Please contact production1@depotexas.com
or the scheduling department at your local DepoTexas office if you have any questions.
2
PLEASE ACKNOWLEDGE THE JOB REQUEST WHEN YOU RECEIVE IT.
DepoTexas will contact you the day before your scheduled deposition, and you will receive the notice and
assignment via e-mail, phone, or text message. Please check the job details carefully.
BRING THE DEPOTEXAS ORDER FORMS TO YOUR JOB.
DepoTexas cannot fulfill or pay you for a copy order that does not have a completed and signed
Transcript Order Form. Reporters are responsible to ensure that they get signed Order Forms for each
client, for the scheduling attorney and all copy clients.
You can get blank forms from http://www.depotexas.com/reportercenter/reporterforms.html
ARRIVE 30 MINUTES EARLY TO THE JOB LOCATION.
LOCATION.
Please give yourself enough time to arrive at the location and set up your equipment so that the
deposition can start at the correct time.
DISTRIBUTE DEPOTEXAS/SUNBELT
DEPOTEXAS/SUNBELT BUSINESS CARDS, IF APPLICABLE.
Please call and speak to your local manager/scheduler if you need business cards.
GET ALL ATTORNEYS TO COMPLETE AND SIGN THEIR OWN ORDER FORMS.
If Order Forms are not completed or not signed by any attorney who wants a copy (even the scheduling
attorney, if possible), then DepoTexas cannot guarantee payment for that attorney’s order. Anyone who
orders a rough draft or rush final MUST have a Transcript Order Form signed.
ROUGH
GH DRAFTS OR RUSH FINALS.
LET DEPOTEXAS KNOW IF ANYONE ORDERED ROU
FINALS.
Please call or e-mail us if there were any rough drafts or rush finals ordered, and who ordered it. The
Production department needs to be aware of your rush or rough draft request ahead of time so that the
clients receive exactly what they ordered, when they ordered it.
WRAP–UP
Please show up early, get all Order Forms signed, and let us know of any rush finals or rough drafts that
are ordered. Transcript Order Forms MUST be signed by all ordering attorneys (especially for rough
drafts or rush finals). DepoTexas cannot guarantee your payment for incomplete/missing Order Forms.
3
FILL OUT THE DEPOTEXAS EXHIBIT WORKSHEET.
Please fill out your DepoTexas Exhibit Worksheet. It’s important that Production knows things like if any
originals are being returned, who they are being returned to, and any other special instructions that the
attorneys gave you at the deposition in regards to exhibits (for example, originals being returned, no color
copies, etc.)
You can get the Exhibit Worksheet from http://www.depotexas.com/reportercenter/reporterforms.html
E-MAIL OR FAX THE ORDER FORMS / EXHIBIT WORKSHEET.
Within two days after your job, please e-mail your signed Order Forms and your filled out Exhibit
Worksheet to production1@depotexas.com.
SHIP ORIGINAL EXHIBITS, ORDER FORMS, AND EXHIBIT WORKSHEET TO HOUSTON.
Immediately after e-mailing/faxing us the Order Forms and Exhibit Worksheet, you will need to pack and
ship all deposition exhibits with the completed Order Forms and Exhibit Worksheet via FedEx.com to the
Houston office. Using FedEx.com ensures that you do not pay for the shipment.
For exact instructions on how to use FedEx.com, please ask your local manager/scheduler for the guide
on using FedEx.com and for the login information.
Use FedEx.com to send the original exhibits, Transcript Order Forms, and Exhibit Worksheet to:
Attention: Production
DepoTexas, Inc.
13101 Northwest Freeway, Suite 210
Houston, Texas 77040
281-469-5580
If you need the exhibits to complete your transcript, you can always access them on our online repository
after they are sent to Houston and then scanned.
WRAP–UP
Within 48 hours of the job, you must e-mail/fax the Order Forms and Exhibit Worksheet and ship the
original exhibits with all forms to the Houston office via FedEx.com (so that you are not billed for
shipping). Your local DepoTexas scheduler has FedEx.com instructions and all your necessary forms.
4
AS SOON AS IT’S READY, E-MAIL YOUR ROUGH DRAFT TO PRODUCTION,
PRODUCTION, IF ANY.
If a rough draft was ordered, send your rough draft ASCII file to production1@depotexas.com. In the
subject line of the e-mail, please include the job number; in your e-mail message, please tell us all of the
e-mail addresses for those requesting the rough draft.
It is the responsibility of the court reporter to contact all opposing counsel to see if they wish to order a
rough draft.
ON JOB DUE DATE, COMPLETE THE ONLINE
ONLINE TURNTURN-IN AND UPLOAD ASCII.
ASCII.
For detailed instructions on how to complete our Repository Online Turn-In process, please download the
PDF guide from http://www.depotexas.com/reportercenter/reporterforms.html
For your transcript ASCII file, DepoTexas has the following requirements:
•
•
•
•
Make sure to leave the headers and footers blank
List the e-mail addresses for all attorneys on the Appearances Page (we e-mail each and
every job to all ordering attorneys)
For your beginning and ending pages, please follow the Uniform Format Manual which can be
found at http://www.crcb.state.tx.us/ufm.asp
The signature block at the end of your certificate pages should read as:
{Your Name
Name}}, Texas CSR # {Your CSR #}
Expiration Date: {Your CSR Expiration Date}
ate}
Firm Registration No. {Your local DepoTexas/Sunbelt
DepoTexas/Sunbelt branch’s Firm Registration No.}
{DepoTexas, Inc. OR Sunbelt Reporting & Litigation Services}
{Your local DepoTexas/Sunbelt
DepoTexas/Sunbelt branch’s street address and suite number}
DepoTexas/Sunbelt branch’s city, state, and ZIP code}
DepoTexas/Sunbelt branch’s main phone number}
•
Please contact the scheduling department at your local DepoTexas/Sunbelt branch to find out
any of the above information for your signature block
WRAP–UP
On the day that your job is due (your Due Date can be found on your Resource Worksheet), complete the
DepoTexas Online Turn-In and upload your ASCII file during the process. Please follow our transcript
requirements and give us as many important details and information as you can when turning in the job.
5
SHIPPING EXHIBITS AND FORMS WITH FEDEX
FEDEX
Within two business days of your deposition, you are to ship the original exhibits and forms to the
DepoTexas/Sunbelt Houston branch.
All reporters do this by using FedEx.com, which is a free online service that allows you to generate a
FedEx shipping ticket without you being billed for it (DepoTexas will take on the delivery charges).
The following guide will show you how to use the FedEx.com website to generate a shipping label for
your exhibits in just minutes.
WRAP–UP
You must ship your original exhibits and forms two business days after your deposition.
To do this, you can use the FedEx.com website, which lets you generate a shipping label
without any cost to you.
6
GO TO THE FEDEX.COM WEBSITE
To get started using FedEx.com, go to the following website:
http://www.fedex.com/
USE THE LOGIN INFORMATION
INFORMATION PROVIDED TO YOU
The User ID and Password you will be using depends on your location.
Please contact your local DepoTexas branch and ask the scheduling department for the FedEx.com User
ID and Password that you will be using for all shipments of original exhibits and forms.
EDIT OR SELECT YOUR ADDRESS INFORMATION IN STEP 1
Step 1 is for the shipper and their information in case the package needs to be returned. Most likely your
information will not be there when you first log in.
Click the “Edit” button to either enter in your information or select it from a dropdown list.
If you have previously shipped something to DepoTexas and saved your address on the FedEx website,
then simply browse the dropdown list and select your shipping information.
(Screenshot on next page)
7
If your address information is not already saved into the FedEx website, then carefully type in all of your
address information and make sure it is correct. Once typed in, check the box that says, “Save new
sender in address book.”
SELECT THE ‘DEPOTEXAS,
‘DEPOTEXAS, INC.’
INC.’ DESTINATION ON STEP 2
Step 2 allows you to set where your package will go. Your original exhibits and forms will ALWAYS go to
the DepoTexas Houston office.
Simply click on the dropdown list next to “Company” and select “DepoTexas, Inc.” and the shipping
information will auto-populate.
(Screenshot on next page)
8
ENTER
ENTER THE PACKAGE WEIGHT IN STEP 3
On Step 3 enter in the approximate weight of the package you are sending (round up).
WARNING: Unless your job has been ordered expedited, the Service Type will ALWAYS be
“FedEx Ground.” If your job is rush, then you will select the Service Type of “Priority Overnight.”
LIST YOUR JOB NUMBERS AND PACKAGE CONTENTS IN STEP 4
On Step 4, delete any text in the “Your reference” field and enter in the job number(s) that you are sending
exhibits and forms for, followed by a slash, and describe the contents of your package (for example,
“Exhibits and order forms”).
9
FIND YOUR NEAREST FEDEX LOCATION TO DROP OFF YOUR PACKAGE
Under the “Pickup/Drop-off” section, click the “Edit” button on the top-right corner. Now you will see a
FedEx store that is nearest you and also a location that is open the latest.
WARNING: The option “Drop off package at a FedEx location” must be checked. You are not able to
schedule a FedEx pickup.
CLICK THE SHIP BUTTON AND REVIEW YOUR IN
INFORMATION
Click the purple “Ship” button WITHOUT creating a Shipment Profile.
Now you will be taken to a review screen. Double-check all your information to make sure it’s correct.
10
PRINT YOUR LABEL AND THEN TAKE YOUR PACKAGE TO A FEDEX STORE
Once your label has been generated, make sure the “Label” option is checked, and then click the “Print”
button.
Once your shipping label has printed, take your original exhibits and forms (whether they are packaged
up or not) to your nearest FedEx store so that they can be packaged and processed for shipping.
NOTE: If you need shipping supplies, your local DepoTexas office can provide them to you. Please
contact your local manager/scheduler for shipping supplies you may need.
11
TURNING IN YOUR JOBS ONLINE
Thank you for working with DepoTexas/Sunbelt Reporting & Litigation Services.
You will be required to turn in your depositions through our online portal. We have optimized and
streamlined the turn-in process to make it faster and more convenient for you.
The main aspects of the turn-in procedure are:
1. Logging in to your online account
2. Finding your job to turn in
RUSH, if applicable
3. Marking the job as RUSH
4. Putting in DETAILED information in the Remarks section (using our “question list”)
5. Uploading your ASCII file and editing witness information
6. Listing the O/1 attorney and their service items
7. Submitting the job and completing the turn-in
Please carefully follow the instructions below to turn in a job. If you ever have any questions about the
turn-in procedure, please consult your local DepoTexas scheduler.
12
LOG INTO YOUR ONLINE ACCOUNT
In order to log into your online account, go to http://depotexas.reporterbase.com/reporter/ in your internet
browser (or you can go to the main website page at www.depotexas.com and click the “LOG IN” button on
the right-hand side next to the word “REPORTER”).
Now you will see a screen that looks like this...
Use the User ID and Password that has been assigned to you by your local DepoTexas scheduler. If you
do not know it or wish to change it, please contact your local DepoTexas scheduler and they can assist
you.
FIND YOUR JOB TO TURNTURN-IN
Once you are logged in, click on the “Turn In” button on the top navigation menu.
Now you can select from the list of non-turned-in jobs which job you would like to turn in. You can click on
the job you want to turn in.
WARNING:
WARNING: Before clicking on the job you want to turn in, you must click the button for “Advanced Mode.”
13
MARK YOUR JOB AS RUSH, IF APPLICABLE
On this first screen of turn-in, you can do two things: 1) Mark the job rush, if applicable, and 2) Put in your
detailed information in the Remarks section.
First, mark your job as RUSH if it is a billable rush (meaning expedited rates are able to be charged) or if it
needs to be e-mailed or produced by a certain date/time.
Please do not mark a job as rush if it is just old and has not been requested to be e-mailed/produced by a
certain date.
PUT IN DETAILED INFORMATION IN THE REMARKS SECTION
In order to guarantee that the job will be sent to the attorneys in a timely fashion (and also that the job is
billed for and that you are paid as quickly as possible), DepoTexas needs detailed information in the
Remarks section.
Please copy and paste the following questions into the Remarks section and then answer each question:
O/1
O/1 ATTORNEY?
ATTORNEY?
COPY ATTORNEY(S)?
IS JOB BILLABLE RUSH?
ROUGH DRAFT OR REALTIME?
TECHNICAL OR INTERPRETED?
INTERPRETED?
READ AND SIGN TO?
EXHIBITS?
VIDEO?
SPECIAL INSTRUCTIONS FOR PRODUCTION OR BILLING?
BILLING?
As an example, the information you put in the Remarks would look like this:
O/1
O/1 ATTORNEY?
ATTORNEY? Patrice Wilson
COPY ATTORNEY(S)? Robert Johnson, Sheila Akers, and Mark Norton
IS JOB BILLABLE RUSH? Yes, send to Wilson by 12/13/13 (3-day rush)
ROUGH DRAFT OR REALTIME?
REALTIME? Rough draft (121 pages) to Johnson
TECHNICAL OR INTERPRETED?
INTERPRETED? Technical
READ AND SIGN TO? Send to Akers, 20 days
EXHIBITS? 1-21
VIDEO? Yes
SPECIAL INSTRUCTIONS FOR PRODUCTION OR BILLING? Return orig. Exhibit 4 to the witness;
please bill for 1-hour wait time.
You can see an example on the next page.
14
WARNING: For the “Special Instructions for Production or Billing” section, please put any information we
need to know in order to produce or bill the job correctly. For instance, if special production has to be
done to the transcript or exhibits, or if we are to bill for services such as wait time or per diem.
Hit the “Next” button at the bottom to continue the turn-in.
UPLOAD YOUR ASCII FILE AND EDIT WITNESS INFORMATION
Most likely on the next screen you will already see your witness listed under the “Witness” section. If so,
you can click the little pencil icon to edit the witness.
If there is not a witness listed, click the button that says “New Witness.”
Edit the information in the following fields for the Witness page:
•
•
•
•
•
•
Pages
Last Exh. Marked
Actual Start Time
Actual End Time
Send Original To (read and sign information, or signature waived information, goes here)
Notes for This Witness (if you were unable to fit all your notes in the Remarks Section from the
previous page)
After filling out this information, click the “Save” button. You can see the example on the next page.
15
Now click the “New File” button under the Files section to upload your ASCII file.
Click the “Browse” button.
Now search your computer to find your ASCII file for this witness and then select it. Once the ASCII is
selected, click the “Save” button to upload it.
You are now done uploading the ASCII file and editing this witness information. The turn-in process is
almost done.
16
LIST THE O/1 ATTORNEY AND THEIR SERVICE ITEMS
Now click the button that says “Prefill Parties.”
Click the “Add” checkbox and “Original” checkbox ONLY for the O/1 attorney for this deposition (or the
attorney who asked the first question).
Then click the “Save” button to complete this step.
If the website didn’t automatically take you to the Prefill Services page, then click the button that says
“Prefill Services.”
Click the drop-down list that says “Billing Set” and select “REPORTER TURN IN”
17
Now select the service “Original” (unless this is a special job situation, such as a CNA, Non-transcribe, or
Appearance Fee).
Then select the checkbox under “Add” to add these services to the O/1 attorney.
Finally, click the “Save” button.
TURN-IN
SUBMIT THE JOB TO COMPLETE THE TURNNow you can click the “Next” button at the bottom.
Now you are able to review the Billing Sheet you have generated to make sure all of the information is
correct. If something was entered incorrectly, you can always click the “Back” button to edit any
information you need to.
Once you have reviewed all of the information, you can click the “Submit” button at the bottom.
WARNING: If these instructions are not followed when doing your turn-in, we cannot guarantee that the
job will be sent out to the clients promptly, which may delay your payment for this job. Also, if Transcript
Order Forms are not completed and signed by a copy attorney, we cannot fulfill or pay you for that copy
until a signed form is obtained.
18
GENERAL INFORMATION / FREQUENTLY ASKED QUESTIONS
Please see below for general information you may need to know, presented in a question-and-answer
format.
Who do I contact about my job?
If you have any questions about your job that do not relate to production, you can direct your questions to
your local DepoTexas/Sunbelt manager or scheduler.
If your questions concern production (transcripts, exhibits, attorney order forms, turn-in, etc.) then you can
always e-mail production1@depotexas.com. You can also call the Houston office (281-469-5580) and
ask for the Case Specialist for the applicable city.
How do I handle rough drafts?
Please e-mail your rough draft ASCII file to production1@depotexas.com and the applicable Case
Specialist will handle it. In your e-mail to us, you need to include the following information:
•
Who is receiving the rough draft and their e-mail address
•
The job number
•
If the attorneys need the rough draft in a certain electronic format
If your rough draft has been ordered to be received during non-business hours, you can e-mail the rough
draft directly to all ordering attorneys but you MUST copy production1@depotexas.com on the e-mail.
It is the court reporter’s responsibility to offer the rough draft to all opposing counsel to see if they wish to
order, as well.
What are these reminder ee-mails I’m getting that ask for the status of my exhibits or ASCII file?
We utilize an automated “e-mail blast” system for purposes of expediting exhibits, ASCII files, and video
through so that clients receive their transcript, exhibit, and video products on time. This same e-mail
system is customized so that if we have clients that have certain standing orders for turnaround time, the
reporter is notified automatically of when the job is due.
It’s important that you respond to all status e-mails so that the production department knows what’s going
on with the job, whether it’s the exhibits or transcript. Having this information from you also helps when
clients call asking for status, because the status you give us about your job can then be relayed to the
clients.
19
When do I send in my transcript order forms?
forms?
You will ship to the Houston office all of your original exhibits and signed attorney order forms so that we
receive them by the third business day after the job was taken.
For instance, if you took a job on a Monday, you would ship your original exhibits and signed order forms
via FedEx Ground on that Wednesday so that we receive them by that Thursday.
It is crucial that you obtain a signed order form for every attorney who wants a copy of your transcript. We
cannot guarantee payment for a copy if the attorney does not have a signed order form.
If you have a job that has no exhibits, you are welcome to e-mail production1@depotexas.com a highquality scan of the signed order forms. Please try not to ship original order forms to the Houston office if
there are no exhibits for the job, as we prefer a scanned copy.
After I ship my exhibits to you, how can I access them so that I can use them for editing my transcript?
We scan and upload all exhibits received in our Houston office within 24 hours. You can log into your
online account at any time (the same online account that you use to turn in your jobs) and view the
exhibits by going to the Repository page.
Did I do my online turnturn-in right?
Please carefully follow the instructions on the training for online turn-in (there is also an online video
walkthrough that you can watch – please ask your local DepoTexas scheduler for the link to the video).
If anyone in production needs to ask you a question about your job, they will e-mail or call you. Please
respond as quickly as possible so that the job is sent out and billed on time, and so that you are paid for
your work quickly.
20
TRANSCRIPT FORMATTING AND EXAMPLES
To ensure consistency and quality in all of the transcripts we produce to attorneys, we ask all court
reporters to follow CRCB guidelines for transcript formatting and also make sure that certain elements are
in the transcript for purposes of how we convert and print depositions.
These special elements are:
•
On your exhibit index, that you include the word “Exhibit” with each number. Instead of your index
listing exhibits as 1, 2, 3, they would instead be listed as Exhibit 1, Exhibit 2, Exhibit 3, etc.
•
That your certification area (or “signature block”) on your certification pages reflects the correct
DepoTexas branch information (all branches and their information are listed in this document for
your convenience).
•
That all attorneys listed on the Appearance Page always have their e-mail address listed below
the telephone and fax numbers.
•
That your transcript has NO headers and NO footers.
•
If you include time-stamping, please take off the “AM” and “PM”
Examples of the most popular types of transcripts are listed in this document for your convenience.
Please contact production1@depotexas.com if you need these examples forwarded to you in a certain
format to make it easier to build your CAT software’s include pages.
21
LOCAL BRANCH INFORMATION
On your reporter’s certification information (on the ending transcript pages), please put your local DepoTexas/Sunbelt
branch information after your name, CSR number, and CSR expiration date. If you are unsure which branch to list in your
transcript, please ask your local scheduler.
AUSTIN JOBS
DepoTexas – Firm Registration No. 17
Sunbelt Reporting – Firm Registration No. 87
1016 La Posada, Suite 294
Austin, Texas 78752
512-465-9100
CORPUS CHRISTI JOBS
615 N. Upper Broadway, Suite 1450
Corpus Christi, Texas 78401
361-883-3400
DALLAS / FORT WORTH JOBS
6500 Greenville Avenue, Suite 445
Dallas, Texas 75206
214-373-4977
HOUSTON JOBS
13101 Northwest Freeway, Suite 210
281-469-5580
(more on second page)
22
SAN ANTONIO JOBS
100 N.E. Loop 410, Suite 540
San Antonio, Texas 78216
210-481-7575
TYLER JOBS
Sunbelt Reporting & Litigation Services
Firm Registration No. 266
100 E. Ferguson, Suite 900
Tyler, Texas 75702
903-593-3213
BRYAN / COLLEGE STATION JOBS
Sunbelt Reporting & Litigation Services
Firm Registration No. 328
1716 Briarcrest Drive, Suite 300
Bryan, Texas 77802-2777
979-774-4000
23
FORMATTING CONFIDENTIAL TRANSCRIPTS
The following is a guide on how to properly format and handle depositions where the entire testimony or
only portions of the testimony are designated some form of Confidential.
WHEN THE ENTIRE DEPOSITION IS CONFIDENTIAL
If the attorneys request that the entire transcript and exhibits are some form of Confidential, then you
simply do two things:
1. Put the Confidential designation on the cover page, above the title of the deposition.
2. Make sure to communicate with DepoTexas production staff that the transcript is Confidential
when turning in your job.
Doing these two things ensures that the transcript is properly formatted for the Confidential designation
when DepoTexas converts and prints your transcript.
24
WHEN ONLY CERTAIN SECTIONS OF TESTIMONY ARE CONFIDENTIAL
If the attorneys only designate certain testimony as Confidential (or a higher degree of Confidential than
the rest of the deposition), then you would do the following:
1. Produce and turn in two different ASCII files:
a. One ASCII file with only the Non-Confidential/regular testimony
b. One ASCII file with only the Confidential/restricted testimony
2. For the Non-Confidential/regular ASCII file, you would simply put on the cover page something
that indicates such and place it above the deposition information. For example:
3. On this same Non-Confidential ASCII file, you would make sure that all of the Confidential
testimony is cut out of this transcript and replaced with blank lines. Make sure there is a
parenthetical before and after the testimony that it is confidential.
25
4. Make sure the Confidential/restricted ASCII file has its own cover page (Appearance Page, Index
Page, and all ending pages are NOT necessary for the separate Confidential transcript) that has a
clear designation that indicates it contains only the Confidential testimony. For example:
5. For this same Confidential ASCII file, you would paste this testimony and make sure all of the
Page and Line numbers match EXACTLY for the attorney’s convenience (for example, if the
Confidential portion of the testimony goes from Page 6, Line 23 to Page 8, Line 2, then the
Confidential ASCII file needs to reflect all of the cut-out testimony from Page 6, Line 23 to Page 8,
Line 2 and have those exact page numbers and line numbers. You would NOT start the
testimony on Page 2).
26
6. Make sure to communicate with DepoTexas production staff that the transcript has Confidential
portions when turning in your job.
If you ever need more information or examples on how to handle Confidential transcripts, please e-mail
your questions to production1@depotexas.com
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Example of Texas Case
Signature Required
1
2
CAUSE NO. [CAUSE NUMBER]
[PLAINTIFFS]
3
Plaintiff[s],
4
VS.
5
[DEFENDANTS]
6
1
Defendant[s].
) IN THE DISTRICT COURT
)
)
)
) [COUNTY] COUNTY, TEXAS
)
)
)
) [NO.] JUDICIAL DISTRICT
7
8
ORAL [AND VIDEOTAPED] DEPOSITION
9
[WITNESS]
10
[MONTH] [DAY], [YEAR]
11
12
13
14
15
16
ORAL DEPOSITION of [WITNESS], produced as
17
a witness at the instance of the [PARTY], and duly
18
sworn, was taken in the above-styled and numbered
19
cause on the [MONTH] [DAY], [YEAR], from [START TIME]
20
to [END TIME], before [REPORTER], CSR in and for
21
the State of Texas, reported by machine shorthand, at
22
the offices of Zimmerman, Axelrad, Meyer, Stern &
23
Wise, P.C., 3040 Post Oak Blvd., Suite 1300, Houston,
24
Texas, 77056, pursuant to the Texas Rules of Civil
25
Procedure and the provisions stated on the record.
DepoTexas - Austin - www.DepoTexas.com
28
Signature Required
1
2
A P P E A R A N C E S
2
3
4
5
6
7
8
9
FOR THE PLAINTIFF(S):
Ms. Elizabeth M. Bruman
ZIMMERMAN, AXELRAD, MEYER, STERN & WISE, P.C.
3040 Post Oak Blvd., Suite 1300
713-552-1234
ebruman@zimmerlaw.com
FOR [WITNESS] & SOUTHWEST PIPE:
Mr. Lance Nguyen
LAW OFFICES OF LANCE NGUYEN
4412 Caroline Street
713-326-5349
10
11
ALSO PRESENT:
Mr. & Mrs. R.P. Ingrum
12
13
14
15
16
17
18
19
20
21
22
23
24
25
29
Signature Required
1
2
3
INDEX
Appearances.................................
2
3
4
[WITNESS]
Examination by Ms. Bruman.............. 4
Examination by Mr. Nguyen.............. 79
5
6
Signature and Changes....................... 82
7
Reporter's Certificate...................... 84
8
EXHIBITS
9
NO.
DESCRIPTION
PAGE
10
11
12
13
14
15
16
Exhibit 13..................................
Photograph
Exhibit 14..................................
Assumed Name Record - Certificate of
Ownership for Business or Profession
Exhibit 15..................................
Articles of Incorporation
Exhibit 16..................................
UCC Financing Statement Amendment
Exhibit 17..................................
Assumed Name Records - Certificate of
49
69
70
71
75
17
18
19
20
21
22
23
24
25
30
Signature Required
1
82
CHANGES AND SIGNATURE
2
PAGE LINE
3
____________________________________________________
4
____________________________________________________
5
____________________________________________________
6
____________________________________________________
7
____________________________________________________
8
____________________________________________________
9
____________________________________________________
10
____________________________________________________
11
____________________________________________________
12
____________________________________________________
13
____________________________________________________
14
____________________________________________________
15
____________________________________________________
16
____________________________________________________
17
____________________________________________________
18
____________________________________________________
19
____________________________________________________
20
____________________________________________________
21
____________________________________________________
22
____________________________________________________
23
____________________________________________________
24
____________________________________________________
25
____________________________________________________
CHANGE
REASON
31
Signature Required
1
83
I, [WITNESS], have read the
2
foregoing deposition and hereby affix my signature
3
that same is true and correct, except as noted above.
4
5
6
_________________________
[WITNESS]
7
8
9
10
THE STATE OF _________ )
11
COUNTY OF
12
_________ )
Before me, ____________________, on this
13
day personally appeared [WITNESS], known to me
14
(or proved to me under oath or through
15
______________) (description of identity card or
16
other document) to be the person whose name is
17
subscribed to the foregoing instrument and
18
acknowledged to me that they executed the same for
19
the purposes and consideration therein expressed.
20
21
Given under my hand and seal of office this
_____ day of _____________, ______.
22
23
24
25
________________________
NOTARY PUBLIC IN AND FOR
THE STATE OF ___________
MY COMMISSION EXPIRES:
________________________
32
Signature Required
1
2
[PLAINTIFFS]
3
Plaintiff[s],
4
VS.
5
[DEFENDANTS]
6
7
Defendant[s].
)
)
)
)
)
)
8
REPORTER'S CERTIFICATION
DEPOSITION OF [WITNESS]
9
I, [REPORTER], Certified Shorthand
10
Reporter in and for the State of Texas, hereby
11
certify to the following:
12
That the witness, [WITNESS], was
13
duly sworn by the officer and that the transcript of
14
the oral deposition is a true record of the testimony
15
given by the witness;
16
That the deposition transcript was
17
submitted on ___________________, to the witness or
18
to the attorney for the witness for examination,
19
signature and return to me by ___________________;
20
21
That the amount of time used by each party
at the deposition is as follows:
22
Ms. Elizabeth Bruman - 01:19
23
Mr. Lance Nguyen - 00:01
24
That pursuant to information given to the
25
84
deposition officer at the time said testimony was
33
Signature Required
1
taken, the following includes counsel for all parties
2
of record:
3
FOR THE PLAINTIFF(S):
Ms. Elizabeth M. Bruman
ZIMMERMAN, AXELRAD, MEYER, STERN & WISE, P.C.
3040 Post Oak Blvd., Suite 1300
713-552-1234
4
5
85
6
7
8
9
10
FOR [WITNESS] & SOUTHWEST PIPE:
Mr. Lance Nguyen
LAW OFFICES OF LANCE NGUYEN
4412 Caroline Street
713-326-5349
I further certify that I am neither counsel
11
for, related to, nor employed by any of the parties
12
or attorneys in the action in which this proceeding
13
was taken, and further that I am not financially or
14
otherwise interested in the outcome of the action.
15
Further certification requirements pursuant
16
to Rule 203 of TRCP will be certified to after they
17
have occurred.
18
19
Certified to by me this _______ day of
__________________, ________.
20
21
22
23
24
25
___________________________________
[REPORTER AND CERTIFICATIONS]
Texas CSR No. XXXX
Expiration Date: XX/XX/XXXX
DepoTexas, Inc.
Firm Registration No. XXX
[local DepoTexas address]
[local DepoTexas City, State, ZIP]
[local DepoTexas phone number]
34
Signature Required
1
2
FURTHER CERTIFICATION UNDER RULE 203 TRCP
The original deposition/signature page was/was
3
not returned to the deposition officer on
4
______________________;
5
6
7
If returned, the attached Changes and Signature
page contains any changes and the reasons therefor;
If returned, the original deposition was
8
delivered to __________________, Custodial Attorney;
9
That $ _______ is the deposition officer's
10
charges to the Plaintiff for preparing the original
11
deposition transcript and any copies of exhibits;
12
That the deposition was delivered in accordance
13
with Rule 203.3, and that a copy of this certificate
14
was served on all parties shown herein on __________
15
and filed with the Clerk.
16
17
86
Certified to by me this ___ day of ____________,
______.
18
19
20
21
22
23
24
25
___________________________________
Texas CSR No. XXXX
DepoTexas, Inc.
35
Signature Waived
1
2
[PLAINTIFFS]
3
Plaintiff[s],
4
VS.
5
[DEFENDANTS]
6
1
Defendant[s].
)
)
)
)
)
)
7
8
9
10
11
ORAL [AND VIDEOTAPED] DEPOSITION
12
[WITNESS]
13
14
15
16
ORAL [AND VIDEOTAPED] DEPOSITION of [WITNESS],
17
produced as a witness on behalf of [PARTY] and duly
18
sworn, was taken in the above-styled and numbered cause
19
on [MONTH] [DAY], [YEAR], from [START TIME] to [END
20
TIME], before [REPORTER], Certified Shorthand Reporter
21
in and for the State of Texas, reported by computerized
22
stenotype machine at the offices of [LOCATION, ADDRESS,
23
CITY, STATE, ZIP], pursuant to the Texas Rules of
24
Civil Procedure and the provisions stated on the record
25
or attached hereto.
36
Signature Waived
1
2
2
3
4
5
6
7
FOR THE PLAINTIFF:
MR. RUSSELL W. ENDSLEY
MR. PAUL D. CARMONA
LAW OFFICES OF THOMAS J. HENRY
521 STARR STREET
CORPUS CHRISTI, TEXAS 78401
361-985-0600
rendsley@thomasjhenrylaw.com
pcarmona@thomasjhenrylaw.com
8
FOR THE DEFENDANTS:
9
10
11
12
13
14
15
16
17
MR. GRANT E. ADAMI, III
ADAMI, SHUFFIELD, SCHEIHING & BURNS, P.C.
9311 SAN PEDRO, SUITE 900
SAN ANTONIO, TEXAS 78216
210-344-0500
tadami@adamilaw.com
FOR THE DEFENDANTS:
MR. STEPHEN R. PILCHER
PILCHER LAW FIRM
15080 TRADESMEN DRIVE
SAN ANTONIO, TEXAS 78249
210-408-8660
steve@pilcherlawfirm.com
denise@pilcherlawfirm.com
18
VIDEOGRAPHER:
19
PAT CAREY
20
21
22
23
24
25
37
Signature Waived
1
INDEX
2
3
3
PAGE
Appearances
Stipulations
2
5
4
[WITNESS]
5
6
7
8
9
Examination
Examination
Examination
Examination
by
by
by
by
Mr.
Mr.
Mr.
Mr.
Endsley
Adami
Endsley
Adami
Witness' Errata Page
Witness' Signature Page
Reporter's Certificate
5
39
71
77
81
82
10
11
EXHIBITS
12
NO.
DESCRIPTION
PAGE
13
14
15
16
17
18
19
Exhibit 13..................................
Photograph
Exhibit 14..................................
Assumed Name Record - Certificate of
Exhibit 15..................................
Articles of Incorporation
Exhibit 16..................................
UCC Financing Statement Amendment
Exhibit 17..................................
Assumed Name Records - Certificate of
49
69
70
71
75
20
21
22
23
24
25
38
Signature Waived
1
2
[PLAINTIFFS]
3
Plaintiff[s],
4
VS.
5
[DEFENDANTS]
6
81
Defendant[s].
)
)
)
)
)
)
7
8
REPORTER'S CERTIFICATE
ORAL DEPOSITION OF [WITNESS]
9
10
I, [REPORTER], Certified Shorthand
11
Reporter in and for the State of Texas, do hereby
12
certify to the following:
13
That the witness, [WITNESS], was duly sworn
14
and that the transcript of the deposition is a true
15
record of the testimony given by the witness;
16
That review and signature of the witness to the
17
deposition transcript was waived by the witness and
18
agreement of the parties at the time of the deposition;
19
20
21
That the original deposition was delivered to
_________________________, Custodial Attorney;
That pursuant to information given to the
22
deposition officer at the time said testimony was
23
taken, the following includes all parties of record and
24
the amount of time used by each party present at the
25
time of the deposition:
39
Signature Waived
1
2
82
MR. ENDSLEY (0 hours 52 minutes), Attorney for
Plaintiff
MR. ADAMI (0 hours 37 minutes), Attorney for
Defendant
3
4
That a copy of this certificate was served on all
5
parties shown herein on ________________________ and
6
filed with the Clerk pursuant to Rule 203.3.
7
I further certify that I am neither counsel for,
8
related to, nor employed by any of the parties in the
9
action in which this proceeding was taken, and further
10
that I am not financially or otherwise interested in
11
the outcome of this action.
12
$__________ is the deposition officer's charges to
13
the Plaintiff for preparing the original deposition and
14
any copies of exhibits.
15
16
Certified to by me on this ________ day of
__________________, _________.
17
18
19
20
21
22
___________________________________
Texas CSR No. XXXX
DepoTexas, Inc.
23
24
25
40
Example of
Depo in Federal Case
1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF [STATE]
[DIVISION OR CITY]
2
3
[PLAINTIFFS]
4
Plaintiff[s],
5
VS.
6
[DEFENDANTS]
7
1
Defendant[s].
)
)
)
)
)
)
)
)
)
CIVIL ACTION NO.:
[NUMBER]
8
9
10
11
12
----------------------------------ORAL [AND VIDEOTAPED] DEPOSITION OF
13
[WITNESS]
14
15
-----------------------------------
16
17
ORAL DEPOSITION OF [WITNESS], produced as a
18
witness at the instance of the DEFENDANT, and duly
19
sworn, was taken in the above-styled and numbered cause
20
on [MONTH] [DAY], [YEAR], from [START TIME] to [END TIME]
21
before [REPORTER] in and for the State of Texas,
22
reported by machine shorthand, at the law offices of
23
[LOCATION, ADDRESS, CITY, STATE, ZIP], pursuant to the
24
Federal Rules of Civil Procedure.
25
41
Example of
1
2
3
4
5
6
2
FOR THE PLAINTIFFS:
Daniel R. Zmijewski, Esq.
DRZ LAW
9229 Ward Parkway
Suite 370
Kansas City, Missouri 64114
(816) 665-2073
(816) 523-5667 fax
dan@drzlawfirm.com
7
FOR THE DEFENDANTS ST. JOHN'S MILITARY SCHOOL, et al.:
8
9
10
11
Derek Johannsen, Esq.
FRANKE SCHULTZ & MULLEN, P.C.
8900 Ward Parkway
Kansas City, Missouri 64114
(816) 421-7100
(816) 421-7915 fax
djohannsen@fsmlawfirm.com
12
13
14
15
16
17
18
19
20
21
22
23
24
25
42
Example of
1
2
3
INDEX
PAGE
Appearances.......................................... 2
Stipulations......................................... --
3
[WITNESS]
4
Examination by Mr. Johannsen....................
4
5
6
Changes and Signature...............................
Reporter's Certificate..............................
55
56
7
EXHIBITS
8
NO.
DESCRIPTION
Exhibit 1
Letter from Lucas Traylor...............
PAGE
9
42
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
43
Example of
1
55
CHANGES AND SIGNATURE
2
WITNESS NAME:
3
[WITNESS]
4
PAGE
5
________________________________________________________
6
________________________________________________________
7
________________________________________________________
8
________________________________________________________
9
________________________________________________________
10
________________________________________________________
11
________________________________________________________
12
________________________________________________________
13
________________________________________________________
14
________________________________________________________
15
________________________________________________________
16
________________________________________________________
17
________________________________________________________
18
________________________________________________________
19
________________________________________________________
20
________________________________________________________
21
________________________________________________________
22
________________________________________________________
23
________________________________________________________
24
________________________________________________________
25
________________________________________________________
LINE
DATE OF DEPOSITION:
CHANGE
REASON
44
Example of
1
56
I, [WITNESS], have read the
2
foregoing deposition and hereby affix my signature
3
that same is true and correct, except as noted above.
4
5
6
_________________________
[WITNESS]
7
8
9
10
THE STATE OF _________ )
11
COUNTY OF
12
_________ )
Before me, ____________________, on this
13
day personally appeared [WITNESS], known to me
14
(or proved to me under oath or through
15
______________) (description of identity card or
16
other document) to be the person whose name is
17
subscribed to the foregoing instrument and
18
acknowledged to me that they executed the same for
19
the purposes and consideration therein expressed.
20
21
Given under my hand and seal of office this
_____ day of _____________, ______.
22
23
24
25
________________________
NOTARY PUBLIC IN AND FOR
THE STATE OF ___________
MY COMMISSION EXPIRES:
________________________
45
Example of
1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF [STATE]
[DIVISION OR CITY]
2
3
57
[PLAINTIFFS]
4
Plaintiff[s],
5
VS.
6
[DEFENDANTS]
7
Defendant[s].
)
)
)
)
)
)
)
)
)
CIVIL ACTION NO.:
[NUMBER]
8
9
10
REPORTER'S CERTIFICATION
ORAL DEPOSITION OF
[WITNESS]
11
12
13
I, [REPORTER], Certified Shorthand Reporter in
14
and for the State of Texas, hereby certify to the
15
following:
16
That the witness, [WITNESS], was duly sworn by
17
the officer and that the transcript of the oral
18
deposition is a true record of the testimony given by
19
the witness;
20
21
22
I further certify that pursuant to FRCP Rule
30(f)(1) that the signature of the deponent:
__X___ was requested by the deponent or a party
23
before the completion of the deposition and returned
24
within 30 days from date of receipt of the transcript.
25
If returned, the attached Changes and Signature Page
46
Example of
1
2
3
4
contains any changes and the reasons therefor;
_____ was not requested by the deponent or a party
before the completion of the deposition.
I further certify that I am neither attorney nor
5
counsel for, related to, nor employed by any of the
6
parties to the action in which this testimony was taken.
7
Further, I am not a relative or employee of any
8
attorney of record in this cause, nor do I have a
9
financial interest in the action.
10
11
58
Subscribed and sworn to on this the ______ day of
_____________, ______.
12
13
14
15
16
17
18
___________________________________
Texas CSR No. XXXX
DepoTexas, Inc.
19
20
21
22
23
24
25
47
Example of
Certificate of Non-Appearance
1
2
[PLAINTIFFS]
3
)
)
)
)
)
)
Plaintiff[s],
4
VS.
5
[DEFENDANTS]
6
1
Defendant[s].
7
8
9
10
11
12
*********************************************************
13
CERTIFICATE OF NONAPPEARANCE
14
[WITNESS]
15
16
*********************************************************
17
18
ORAL [AND VIDEOTAPED] DEPOSITION OF [WITNESS],
19
produced as a witness at the instance of the [PLF/DEF],
20
and duly sworn, was scheduled in the above-styled and
21
numbered cause to occur on [MONTH] [DAY], [YEAR] at
22
[START TIME] at the law offices of [LOCATION, ADDRESS,
23
CITY, STATE, ZIP] pursuant to the [RULES] Rules of
24
Civil Procedure and the provisions stated on the
25
record or attached hereto.
48
Example of
1
2
3
4
CERTIFICATE OF NONAPPEARANCE
I, [REPORTER], a Certified Shorthand Reporter in
and for the State of Texas, certify:
That I appeared at the offices of [LOCATION,
5
ADDRESS, CITY, STATE, ZIP] on [MONTH] [DAY], [YEAR],
6
to report the deposition of [WITNESS] pursuant to the
7
Notice, scheduled for [START TIME]
8
That by [ENDING TIME] [WITNESS] had not appeared
9
for her deposition.
10
FOR THE PLAINTIFFS:
11
12
13
14
2
Present for the deposition were:
Mr. Kelly J. Curnutt
Mr. Adam Alexander
CURNUTT & HAFER
101 East Park Row
Arlington, Texas 76010
817.548.1000
KCurnutt@CurnuttHafer.com
AAlexander@CurnuttHafer.com
15
16
The following was stated on the record:
17
MR. CURNUTT:
Today is October 28, 2013.
18
We are at the offices of the Harris Cook Law Firm at 709
19
East Abrams in Arlington, Texas.
20
noticed deposition of [WITNESS].
21
22
We are here for the
(Exhibit Numbers 1 and 2 were marked.)
Q.
(BY MR. CURNUTT)
And marked as Exhibit 1 is
23
plaintiff's second amended notice of intention to take
24
oral deposition of [WITNESS].
25
plaintiff's second amended notice of intention to take
Exhibit 2 is
49
Example of
1
3
oral deposition of Kara Valdez with duces tecum.
2
Ms. Valdez was noticed at 9:30 and we
3
began on time.
4
counsel, Gail Friend, had claimed a privilege over
5
communications with [WITNESS] and stated that she
6
would accept service of these notices for [WITNESS].
7
Ms. Friend was duly served with the notice marked as
8
Exhibit 1 for [WITNESS].
9
We ended about 10:31.
Defendants
We have gone ahead and taken the
10
deposition of Kara Valdez-Connor.
11
is no sign, word, or indication from [WITNESS] that
12
she's going to appear today.
13
Friend, has left the room, presumably the building, and
14
we are stating on the record the certificate of
15
nonappearance that [WITNESS] has not appeared for
16
her noticed deposition.
17
It is now 1:30.
There
Defendant's counsel, Gail
And so since defendant's counsel said to
18
go ahead and take a certificate of nonappearance, and
19
it's now 1:30 and there's no lawyer and no witness, we're
20
going home.
21
(Proceedings concluded at [END TIME])
22
23
24
25
50
Example of
1
I further certify that I am neither employed nor
2
related to any attorney or party in this matter and have
3
no interest, financial or otherwise, in its outcome.
4
5
4
Given under my hand and seal of office on this the
______ day of ______________, ______.
6
7
8
9
10
11
12
___________________________________
Texas CSR No. XXXX
DepoTexas, Inc.
13
14
15
16
17
18
19
20
21
22
23
24
25
51
Example of
Hearing
1
IN ARBITRATION
2
3
BEFORE THE AMERICAN ARBITRATION ASSOCIATION
[PLAINTIFFS],
4
PLAINTIFF(S),
5
VS.
6
[DEFENDANTS]
7
1
DEFENDANT(S).
)
)
)
)
)
)
)
)
)
CASE NUMBER:
[NUMBER]
8
9
10
**********************************************************
ARBITRATION HEARING
[VOLUME]
**********************************************************
11
12
ARBITRATION HEARING, was taken in the above
13
styled and numbered cause on [MONTH] [DAY], [YEAR], from
14
[START TIME] to [END TIME], before [REPORTER], in and for
15
the State of Texas, reported stenographically, at the
16
offices of [LOCATION, ADDRESS, CITY, STATE, ZIP]
17
pursuant to the American Arbitration Association Rules
18
and the provisions stated on the record herein.
19
20
21
22
23
24
25
52
Example of
Hearing
1
2
3
4
5
6
7
8
9
10
2
ARBITRATOR:
Honorable Levi J. Benton
LEVI BENTON & ASSOCIATES PLLC
3417 Milam Street
713.521.1717
lbenton@levibenton.com
FOR THE PLAINTIFF(S) MICHELLE LEWIS RYAN:
Mr. Peter Costea
LAW OFFICES OF PETER COSTEA
Three Riverway, Suite 1800
713.337.4304
costealaw@yahoo.com
ALSO PRESENT:
Ms. Michelle Lewis
11
12
13
14
15
FOR THE DEFENDANT(S) BROOKDALE SENIOR LIVING, INC.:
Ms. Gretchen Agena
Mr. Travis J. Odom
LITTLER MENDELSON, P.C.
1301 McKinney Street, Suite 1900
713.951.9400
gagena@littler.com
todom@littler.com
16
17
ALSO PRESENT:
Mr. Jack Leebron - Vice President Legal Services
Brookdale Senior Living, Inc.
18
19
20
21
22
23
24
25
53
Example of
Hearing
1
3
INDEX
2
3
Page
2
5
Appearances..................................
Hearing Convened.............................
4
EXAMINATION OF WITNESSES:
5
YVONNE MCLAUGHLIN
Cross-Examination By Mr. Costea..............
35
6
7
8
Hearing Recessed............................. 195
Reporter's Certification..................... 197
Plaintiff's Exhibits 1 - 24 offered..........
Defendant's Exhibits 1 - 25 offered..........
12
23
9
PLAINTIFF'S EXHIBITS
10
11
12
13
14
15
16
17
18
19
20
21
22
No.
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
22
23
24
Description
Page
Admitted............................. 12
Admitted............................. 12
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 13
Admitted............................. 15
Admitted............................. 19
Admitted............................. 23
Admitted............................. 23
Admitted............................. 23
(Reporter's Note:
21 not admitted)
Plaintiff's Exhibits 19, 20,
23
DEFENDANT'S EXHIBITS
24
25
Exhibit 1
Exhibit 2
Admitted.............................
Admitted.............................
24
24
54
Example of
Hearing
1
DEFENDANT'S EXHIBITS CONTINUED
2
No.
Description
3
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
22
23
25
4
5
6
7
8
9
10
11
12
4
Page
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
Admitted.............................
24
24
24
24
24
24
24
25
25
25
25
25
25
25
25
26
26
33
33
33
13
14
(Reporter's Note:
24 not admitted)
Defendant's Exhibits 20, 21,
15
16
17
18
19
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Example of
Hearing
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IN ARBITRATION
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BEFORE THE AMERICAN ARBITRATION ASSOCIATION
[PLAINTIFFS],
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PLAINTIFF(S),
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VS.
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[DEFENDANTS]
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DEFENDANT(S).
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CASE NUMBER:
[NUMBER]
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I, [REPORTER], a court reporter in and for
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the State of Texas, do hereby certify that the matters set
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forth in the caption to the foregoing Arbitration
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Proceeding are true and correct; that the witnesses
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appeared before me at the time and place set forth; that
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said witnesses were first duly sworn to tell the truth,
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and thereupon proceeded to testify in said cause; that the
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questions of counsel and the answers of said witnesses
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were taken down in shorthand by me and thereafter reduced
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to typewriting under my direction; and that the foregoing
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pages comprise a true, correct and complete transcript of
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the testimony given and the proceedings had during the
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taking of said Arbitration Proceeding.
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I further certify that I am not counsel,
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attorney or relative of either party, or otherwise
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interested in the event of this suit.
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Example of
Hearing
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GIVEN UNDER MY HAND AND SEAL OF OFFICE on this
the ________ day of ______________, _______.
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___________________________________
Texas CSR No. XXXX
DepoTexas, Inc.
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POLICY ON HANDLING FEDERAL CASE DEPOSITIONS
DepoTexas, Inc. asks all court reporters to conduct depositions that are taken in Federal cases
pursuant to the Federal Rules of Civil Procedure, specifically Rule 30.
The deposition transcript should also reflect all special stipulations or agreements made by the
parties in regards to the on-record introductions, the waiving of signature by the witness, or the
request for review by the witness. It is best to cite the applicable rule in the transcript when
these stipulations, agreements, or issues are raised.
Please refer the attached documents:
1. FRCP Rule 30 (please refer to the special highlighting on the sections, which are most
pertinent to court reporters and their transcripts)
2. Transcript examples of how these rules are followed and recorded by the court reporter
Thank you.
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RULE 30. DEPOSITIONS BY ORAL EXAMINATION
(a) WHEN A DEPOSITION MAY BE TAKEN.
(1) Without Leave. A party may, by oral questions, depose any person, including a party, without leave of
court except as provided in Rule 30(a)(2). The deponent's attendance may be compelled by subpoena under
Rule 45.
(2) With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent
with Rule 26(b)(2):
(A) if the parties have not stipulated to the deposition and:
(i) the deposition would result in more than 10 depositions being taken under this rule or Rule 31
by the plaintiffs, or by the defendants, or by the third-party defendants;
(ii) the deponent has already been deposed in the case; or
(iii) the party seeks to take the deposition before the time specified in Rule 26(d), unless the party
certifies in the notice, with supporting facts, that the deponent is expected to leave the United States
and be unavailable for examination in this country after that time; or
(B) if the deponent is confined in prison.
(b) NOTICE OF THE DEPOSITION; OTHER FORMAL REQUIREMENTS.
(1) Notice in General. A party who wants to depose a person by oral questions must give reasonable
written notice to every other party. The notice must state the time and place of the deposition and, if known,
the deponent's name and address. If the name is unknown, the notice must provide a general description
sufficient to identify the person or the particular class or group to which the person belongs.
(2) Producing Documents. If a subpoena duces tecum is to be served on the deponent, the materials
designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. The
notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and
tangible things at the deposition.
(3) Method of Recording.
(A) Method Stated in the Notice. The party who notices the deposition must state in the notice the
method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by
audio, audiovisual, or stenographic means. The noticing party bears the recording costs. Any party may
arrange to transcribe a deposition.
(B) Additional Method. With prior notice to the deponent and other parties, any party may designate
another method for recording the testimony in addition to that specified in the original notice. That party
bears the expense of the additional record or transcript unless the court orders otherwise.
(4) By 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.
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(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.
(B) Conducting the Deposition; Avoiding Distortion. If the deposition is recorded
nonstenographically, the officer must repeat the items in Rule 30(b)(5)(A)(i)–(iii) at the beginning of
each unit of the recording medium. The deponent's and attorneys’ appearance or demeanor must not be
distorted through recording techniques.
(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.
(6) Notice or Subpoena Directed to an Organization. In its notice or subpoena, a party may name as the
deponent a public or private corporation, a partnership, an association, a governmental agency, or other
entity and must describe with reasonable particularity the matters for examination. The named organization
must then designate one or more officers, directors, or managing agents, or designate other persons who
consent to testify on its behalf; and it may set out the matters on which each person designated will testify.
A subpoena must advise a nonparty organization of its duty to make this designation. The persons
designated must testify about information known or reasonably available to the organization. This
paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.
(c) EXAMINATION AND CROSS‐EXAMINATION; RECORD OF THE EXAMINATION; OBJECTIONS; WRITTEN QUESTIONS.
(1) Examination and Cross-Examination. The examination and cross-examination of a deponent proceed
as they would at trial under the Federal Rules of Evidence, except Rules 103 and 615. After putting the
deponent under oath or affirmation, the officer must record the testimony by the method designated under
Rule 30(b)(3)(A). The testimony must be recorded by the officer personally or by a person acting in the
presence and under the direction of the officer.
(2) Objections. An objection at the time of the examination—whether to evidence, to a party's conduct, to
the officer's qualifications, to the manner of taking the deposition, or to any other aspect of the deposition—
must be noted on the record, but the examination still proceeds; the testimony is taken subject to any
objection. An objection must be stated concisely in a nonargumentative and nonsuggestive manner. A
person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a
limitation ordered by the court, or to present a motion under Rule 30(d)(3).
(3) Participating Through Written Questions. Instead of participating in the oral examination, a party
may serve written questions in a sealed envelope on the party noticing the deposition, who must deliver
them to the officer. The officer must ask the deponent those questions and record the answers verbatim.
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(d) DURATION; SANCTION; MOTION TO TERMINATE OR LIMIT.
(1) Duration. Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7
hours. The court must allow additional time consistent with Rule 26(b)(2) if needed to fairly examine the
deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.
(2) Sanction. The court may impose an appropriate sanction—including the reasonable expenses and
attorney's fees incurred by any party—on a person who impedes, delays, or frustrates the fair examination
of the deponent.
(3) Motion to Terminate or Limit.
(A) Grounds. At any time during a deposition, the deponent or a party may move to terminate or limit
it on the ground that it is being conducted in bad faith or in a manner that unreasonably annoys,
embarrasses, or oppresses the deponent or party. The motion may be filed in the court where the action is
pending or the deposition is being taken. If the objecting deponent or party so demands, the deposition
must be suspended for the time necessary to obtain an order.
(B) Order. The court may order that the deposition be terminated or may limit its scope and manner as
provided in Rule 26(c). If terminated, the deposition may be resumed only by order of the court where
the action is pending.
(C) Award of Expenses. Rule 37(a)(5) applies to the award of expenses.
(e) REVIEW BY THE WITNESS; CHANGES.
(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.
(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.
(f) CERTIFICATION AND DELIVERY; EXHIBITS; COPIES OF THE TRANSCRIPT OR RECORDING; FILING.
(1) Certification and Delivery. The officer must certify in writing that the witness was duly sworn and that
the deposition accurately records the witness's testimony. The certificate must accompany the record of the
deposition. Unless the court orders otherwise, the officer must seal the deposition in an envelope or package
bearing the title of the action and marked “Deposition of [witness's name]” and must promptly send it to the
attorney who arranged for the transcript or recording. The attorney must store it under conditions that will
protect it against loss, destruction, tampering, or deterioration.
(2) Documents and Tangible Things.
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(A) Originals and Copies. Documents and tangible things produced for inspection during a
deposition must, on a party's request, be marked for identification and attached to the deposition. Any
party may inspect and copy them. But if the person who produced them wants to keep the originals, the
person may:
(i) offer copies to be marked, attached to the deposition, and then used as originals—after giving
all parties a fair opportunity to verify the copies by comparing them with the originals; or
(ii) give all parties a fair opportunity to inspect and copy the originals after they are marked—
in which event the originals may be used as if attached to the deposition.
(B) Order Regarding the Originals. Any party may move for an order that the originals be attached
to the deposition pending final disposition of the case.
(3) Copies of the Transcript or Recording. Unless otherwise stipulated or ordered by the court, the
officer must retain the stenographic notes of a deposition taken stenographically or a copy of the recording
of a deposition taken by another method. When paid reasonable charges, the officer must furnish a copy of
the transcript or recording to any party or the deponent.
(4) Notice of Filing. A party who files the deposition must promptly notify all other parties of the filing.
(g) FAILURE TO ATTEND A DEPOSITION OR SERVE A SUBPOENA; EXPENSES. A party who, expecting a deposition to
be taken, attends in person or by an attorney may recover reasonable expenses for attending, including
attorney's fees, if the noticing party failed to:
(1) attend and proceed with the deposition; or
(2) serve a subpoena on a nonparty deponent, who consequently did not attend.
NOTE
S
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 1, 1970; Mar. 1, 1971, eff. July 1,
1971; Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987;
Apr. 22,
1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 30, 2007, eff. Dec. 1, 2007.)
NOTES OF ADVISORY COMMITTEE ON RULES—
1937
Note to Subdivision (a). This is in accordance with common practice. See U.S.C., Title 28, [former] §639
(Depositions de bene esse; when and where taken; notice), the relevant provisions of which are incorporated
in this rule; Calif.Code Civ.Proc. (Deering, 1937) §2031; and statutes cited in respect to notice in the Note to
Rule 26(a). The provision for enlarging or shortening the time of notice has been added to give flexibility to
the rule.
Note to Subdivisions (b) and (d). These are introduced as a safeguard for the protection of parties
and deponents on account of the unlimited right of discovery given by Rule 26.
Note to Subdivisions (c) and (e). These follow the general plan of [former] Equity Rule 51 (Evidence
Taken
Before Examiners, Etc.) and U. S. C., Title 28, [former] §§640 (Depositions de bene esse; mode of taking),
and [former] 641 (Same; transmission to court), but are more specific. They also permit the deponent to
require the officer to make changes in the deposition if the deponent is not satisfied with it. See also [former]
Equity Rule 50 (Stenographer–Appointment–Fees).
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