judicial reporting procedures

Chapter 18: What is freelance reporting?

Book terms: Freelance reporting is court reporting performed outside of a regular courtroom staff position, often through a freelance reporting agency or as an independent contractor. My terms: I’m a court reporter, but I’m not permanently sitting in one courtroom working for the court. I can take jobs like depositions through an agency or work independently.

Chapter 18: What is the difference between an employee and an independent contractor?

Book terms: An employee works for an employer, while an independent contractor performs work independently and is generally responsible for their own business obligations. My terms: Employee = I work for your company. Independent contractor = I basically work for myself and your company hires me to do jobs.

Chapter 18: What are employee benefits?

Book terms: Employee benefits are additional benefits an employer may provide an employee, such as insurance, retirement programs, vacation, and sick leave. My terms: It’s the extra shit I might get from being an employee besides my paycheck.

Chapter 18: What is a reporter-agency fee split?

Book terms: The reporter-agency fee split is the percentage arrangement used to divide reporting income between the freelance reporter and the agency. My terms: The agency gets me the job, the client pays for the job, and me and the agency split the money based on our agreement.

Chapter 18: How can freelance reporting agencies be different from one another?

Book terms: Freelance agencies differ in areas such as employment arrangements, benefits, fee splits, facilities, equipment, workload, and working conditions. My terms: Not every agency is the same. Before I work for one, I need to look at how much they pay me, what they take, what they provide, how much work they have, and whether working there actually makes sense for me.

Chapter 19: Why do I need to understand freelance reporting terminology?

Book terms: A freelance reporter should be able to define and explain terminology used in the freelance reporting industry. My terms: I need to know what the hell people are talking about while I’m reporting so legal/reporting terminology doesn’t throw me off.

Chapter 19: What is deposition reporting?

Book terms: Deposition reporting involves making the record of testimony given by a deponent during a deposition. My terms: A witness is being questioned under oath outside of court, and I’m the reporter writing down the proceeding and creating the record.

Chapter 19: What is a de bene esse deposition?

Book terms: A de bene esse deposition is taken to preserve testimony for possible use at trial when a witness may be unavailable to appear personally. My terms: We need this person’s testimony now because there’s a chance they won’t be able to show up at the actual trial later.

Chapter 19: What is a deposition in aid of execution?

Book terms: A deposition in aid of execution is used after a judgment to obtain information that may assist in enforcing or collecting the judgment. My terms: Somebody already won the case and is owed money. Now they’re questioning someone to figure out what money/property/assets exist so the judgment can actually be collected.

Chapter 19: What is a deposition on written questions?

Book terms: A deposition on written questions uses questions that have been prepared in writing rather than the ordinary live oral examination. My terms: Instead of an attorney sitting there making up and asking questions live, the questions were written out beforehand and are asked to the witness.

Chapter 19: How is a deposition called?

Book terms: A deposition may be called or authorized through procedures such as notice, subpoena, agreement, commission, or order of the court, depending on the circumstances. My terms: This is basically how we officially make the deposition happen and get the witness there.

Chapter 19: What are interrogatories as they relate to depositions?

Book terms: Interrogatories are written questions used to obtain information. My terms: Instead of somebody questioning you back-and-forth out loud, you’re given questions in writing that require answers.

Chapter 19: What is statement reporting?

Book terms: Statement reporting involves making a verbatim record of a person's statement rather than reporting a regular deposition. My terms: I’m still recording exactly what somebody says, but this isn’t necessarily a normal deposition. I’m creating an official record of their statement.

freelance reporter

Book terms: A court reporter who performs reporting work outside of a regular official courtroom reporting position, often through a freelance agency or independently. My terms: I’m a court reporter who takes reporting jobs like depositions instead of being permanently assigned to one courtroom.

freelance agency

Book terms: A company that obtains reporting assignments and assigns individual court reporters to perform the work, usually keeping a portion of the fee. My terms: The agency finds the jobs and sends reporters like me to do them. The client pays the agency, the agency pays me, and they keep a cut.

independent contractor

Book terms: A self-employed person who performs work for another person or company without being treated as that company's regular employee. My terms: I basically work for myself. An agency can give me jobs, but I’m not necessarily their employee, so I handle more of my own business shit.

employee benefits

Book terms: Benefits an employer may provide to employees in addition to wages, such as insurance, retirement plans, paid vacation, sick leave, and other benefits. My terms: Extra shit I can get from being an employee besides the money they pay me.

reporter-agency fee split

Book terms: The arrangement that determines how the fees earned from reporting work are divided between the reporter and freelance agency. My terms: The client pays for the job, then me and the agency divide that money according to our agreed percentage.

examination before trial (XBT or EBT)

Book terms: An examination of a witness or party conducted before the actual trial. My terms: Somebody is being questioned under oath before the trial happens, and the reporter makes the record.

notice

Book terms: Formal notification that informs a person or party of an action or proceeding. My terms: An official heads-up telling the people involved that something is happening.

dedimus (commission)

Book terms: Authority issued to permit a person to take testimony or a deposition, particularly when it must be taken outside the court's usual jurisdiction. My terms: Official permission for someone to take the testimony somewhere the court normally couldn't directly handle it.

order of the court

Book terms: A direction or command issued by a court or judge. My terms: The judge/court officially says, “This is what needs to happen.”

de bene esse deposition

Book terms: A deposition taken to preserve testimony for possible use at trial when a witness may be unavailable to testify personally. My terms: We get this person's testimony recorded now because they might not be able to show up at trial later.

discovery deposition

Book terms: A deposition used during discovery to obtain information from a witness or party before trial. My terms: The attorneys are questioning somebody before trial to figure out what they know and gather information for the case.

impeach a witness

Book terms: To attack or challenge the credibility of a witness, sometimes by showing that the witness previously made an inconsistent statement. My terms: Show the court that this witness might not be believable, like catching them saying something now that doesn't match what they said earlier.

deponent

Book terms: The person whose testimony is being taken in a deposition. My terms: The person sitting there answering the damn questions under oath. 😂

in aid of execution deposition

Book terms: A deposition used after judgment to obtain information that may assist in enforcing or collecting the judgment. My terms: Somebody already won and is owed something. Now they're questioning someone to find money, property, or assets that could help satisfy the judgment.

disclosure deposition

Book terms: A deposition used to obtain or disclose information concerning a case before trial. My terms: You're questioning somebody to find out information about the case and what evidence or knowledge they have.

deposition on written questions

Book terms: A deposition conducted using questions prepared in writing beforehand rather than the usual live oral examination. My terms: The questions were already written before the deposition instead of an attorney coming in and asking their questions live.

notice of deposition

Book terms: Formal notice informing the appropriate parties that a deposition will be taken and providing information concerning the deposition. My terms: The official “Hey, we're taking this person's deposition” document that tells everyone about it.

subpoena duces tecum

Book terms: A subpoena requiring a person to appear and bring specified documents, records, or other materials. My terms: “You need to show up, AND bring this shit with you.”

interrogatories

Book terms: Written questions used to obtain information that are answered by the person or party to whom they are directed. My terms: Questions are sent to you in writing and you have to give answers in writing instead of doing a normal live back-and-forth Q&A.

preliminaries

Book terms: Introductory matters handled before the main questioning or proceeding begins. My terms: The setup shit that gets handled before everyone gets into the actual testimony.

statement

Book terms: A person's account or declaration concerning facts, events, or information that may be formally recorded by a reporter. My terms: Someone tells what happened or what they know, and I make a verbatim record of what they say.

notary public

Book terms: A person legally authorized to perform certain official acts, including administering oaths and affirmations. My terms: Someone legally authorized to swear a witness in and perform certain official legal formalities.

What is the basic idea of freelance court reporting?

A freelance reporter performs court-reporting work outside of being permanently assigned to one courtroom. My terms: Instead of sitting in the same courtroom every day, I can take jobs like depositions and other reporting assignments.

How does a freelance agency work?

People who need a court reporter contact the agency. The agency then contacts a reporter and assigns the job. My terms: Client needs reporter → calls agency → agency calls me → I go do the job.

Why does the freelance agency keep part of the money?

The agency generally keeps a percentage as its fee for obtaining and arranging the work and may also provide facilities or equipment. My terms: They found me the damn job, handled some of the business side, and possibly gave me resources, so they take a cut.

Are all freelance agencies the same size?

No. Freelance agencies may range from very small businesses with only a few people to large agencies employing or working with many reporters. My terms: Could be a tiny local agency or a big-ass reporting company.

What should I look at when choosing a freelance agency?

A prospective reporter should compare agencies based on things such as employment status, benefits, fee arrangements, place of work, working conditions, and other advantages or disadvantages. My terms: Don't just take the first agency job. Figure out how they pay me, how they treat me, what they provide, and what the work is actually like.

What are the two major employment situations discussed for freelance reporters?

A reporter may work as an employee or as an independent contractor. My terms: Am I actually their employee, or am I basically self-employed and they're just giving me jobs?

What does employee status mean for a freelance reporter?

The reporter works for the agency as an employee and may receive wages and employment benefits according to the agency's policies. My terms: I'm actually on their team as an employee instead of running everything myself.

What does independent-contractor status mean for a freelance reporter?

The reporter performs assignments without being treated as a regular employee and generally has more responsibility for their own business matters. My terms: The agency can send me work, but I'm basically working for myself.

Why does employee versus independent contractor matter?

The classification affects things such as taxes, benefits, expenses, working arrangements, and responsibilities. My terms: This changes who pays for what and what shit I have to handle myself.

What kinds of employee benefits might a reporting agency offer?

Benefits may include health insurance, life insurance, retirement programs, vacation or sick leave, and other employment benefits. My terms: Being an employee might give me extra stuff besides just my paycheck.

What is the reporter-agency fee split?

The money earned from reporting assignments may be divided between the reporter and the agency according to an agreed percentage. My terms: We make money from the job, then the agency gets its percentage and I get mine.

Why should I care about the fee split?

Different agencies may use different percentages, so the split affects how much of the reporting income the reporter actually receives. My terms: A job can pay a lot, but I need to know how much of that money actually ends up in MY pocket.

Can different types of work have different fee arrangements?

Yes. The agency's percentage and the reporter's percentage may vary depending on the agency and the type of work performed. My terms: Don't assume every job gets split the exact same way.

Where might a freelance reporter work?

Freelance work may occur in offices and other locations where proceedings such as depositions are conducted rather than in one permanently assigned courtroom. My terms: My workplace can change depending on where the assignment is.

Does freelance reporting mean I always work completely alone?

No. A freelance reporter may work through an agency that obtains assignments and provides support while the reporter performs the actual reporting work. My terms: “Freelance” doesn't automatically mean I'm sitting alone trying to find every client myself.

What are some advantages of freelance reporting?

The chapter describes advantages such as greater independence, possible flexibility, variety in assignments and work locations, and the potential to earn a good income. My terms: More freedom, different jobs, different places, and potentially good money.

What are some disadvantages of freelance reporting?

Freelance reporters may have greater responsibility for expenses, taxes, equipment, scheduling, obtaining or maintaining work, and other business matters depending on their employment arrangement. My terms: Freedom comes with “handle your own shit.”

Why is self-discipline important for a freelance reporter?

Freelance work requires the reporter to manage assignments, deadlines, professional responsibilities, and potentially business responsibilities without constant supervision. My terms: Nobody should have to chase me down. If I take the job, I need to get my ass there and get the work done.

Why does dependability matter in freelance reporting?

Agencies and clients rely on reporters to appear for assignments, perform the work professionally, and complete required work. My terms: If they send me somewhere, they need to know I'm actually going to show up and do my damn job.

Why does professionalism matter when working with a freelance agency?

A reporter represents both themselves and, when working through one, the agency that provided the assignment. My terms: If I act crazy at a deposition, I'm not only making myself look bad

What is the main thing I should remember from Chapter 18?

Chapter 18 explains the working environment of freelance reporters: how agencies operate, employee versus independent-contractor status, benefits, fee splits, and the advantages and disadvantages of freelance work. My terms: Chapter 18 is basically: “Okay, you want to freelance. How the hell does the BUSINESS side of being a freelance reporter actually work?”

Contempt of court

Behavior that disobeys, disrespects, or interferes with the authority or proceedings of a court. Example: refusing to obey a judge’s lawful order.

Hearsay evidence

A statement made outside of court that is offered in court to prove that what the statement says is true. Hearsay is generally inadmissible unless an exception or exclusion applies. Think: “Someone told me that ___ happened.”

Circumstantial evidence

Evidence that indirectly proves a fact by allowing a person to infer what happened from other facts. Example: seeing someone enter a building with a dry coat and come back inside soaking wet can be circumstantial evidence that it was raining.

Plat

A map or drawing showing how land is divided into lots, streets, boundaries, or other portions. Think: an official map of a piece of property or subdivision.

Extradition

The legal process of transferring a person accused or convicted of a crime from one jurisdiction to another jurisdiction where the person is wanted. Example: someone charged with a crime in Minnesota is found in another state and is returned to Minnesota.

Larceny

The unlawful taking and carrying away of another person’s property with the intent to deprive the owner of it. Basically: intentionally stealing someone else’s property.

Heir

A person legally entitled to inherit property from someone who dies, particularly under the laws of intestate succession. Think: the person who legally inherits from the deceased.

Guardian

A person legally appointed or authorized to care for another person or manage that person’s affairs when the other person cannot legally do so for themselves, such as a minor.

Guardian ad litem

A person appointed by a court to represent or protect the best interests of a child or another person needing protection during a particular legal case. Think: appointed for the lawsuit, not necessarily to raise or permanently care for the person.

Manslaughter

The unlawful killing of another person without the circumstances required for murder. The exact definition and degrees vary by jurisdiction. Think: an unlawful killing that is legally distinguished from murder.

Irrelevant

Not related to or having a meaningful bearing on the issue being decided. In evidence, irrelevant information does not tend to make an important fact in the case more or less probabl

Irrelevant

The question, answer, or evidence does not relate to an issue that matters in the case. Used when the information would not help prove or disprove a fact that matters. Think: “This has nothing to do with what we are deciding.”

Calls for immaterial answer

The question asks for information that has no meaningful importance to the issues being decided in the case. Think: “Even if they answer this, it doesn't matter to the case.”

Witness incompetent

The witness is not legally qualified or capable of testifying about the particular matter. This can involve whether the witness has the ability or required personal knowledge to give the testimony. Think: “This witness isn't qualified to testify to this.”

Violates best evidence rule

Used when a party tries to prove the contents of a document, recording, or photograph without producing the original when the rules require the original. Think: “Where is the actual document or recording?”

Calls for conclusion

The question asks the witness to reach a conclusion rather than testify about facts within the witness's knowledge. Think: “Tell us what happened, not what legal or ultimate conclusion we should reach.”

Calls for opinion

The question asks a witness for an opinion when the witness is not permitted or qualified to give that particular opinion. Think: “You're asking this witness what they think rather than what they know.”

Calls for narrative

The question is so broad that it invites the witness to give a long, uncontrolled story instead of answering a specific question. Example: “Tell us everything that happened that day.”

Leading

The question suggests the answer the examiner wants the witness to give. Example: “The car was speeding, wasn't it?” Think: the answer is being fed to the witness.

Repetitive / Asked and answered

The attorney asks a question that has already been asked and answered. Used to prevent repeatedly questioning the witness about the same thing.

Beyond scope

The questioning goes beyond the permissible subject matter or scope of the examination. Think: “That goes outside what we're supposed to be questioning this witness about.”

Assumes facts not in evidence

The question treats something as already established even though evidence supporting that fact has not been introduced. Example: “When did you stop stealing from the company?” assumes the person was stealing.

Confusing / Misleading / Ambiguous / Vague / Unintelligible

The question is unclear, misleading, capable of multiple interpretations, too unspecific, or otherwise difficult for the witness to understand and answer accurately. Think: “What exactly are you asking?”

Speculative

The question asks the witness to guess about something the witness does not actually know. Example: “What do you think he was planning to do?” when the witness has no basis for knowing.

Compound question

The attorney asks two or more questions as if they were one question, making it unclear which part the witness is answering. Example: “Did you enter the building and speak to John?”

Argumentative

The question argues with, challenges, or badgers the witness rather than genuinely seeking information. Think: the attorney is debating the witness instead of examining them.

Improper characterization

The question or answer describes evidence, events, or testimony in an inaccurate or unfairly characterized way. Think: “That's not an accurate way to describe what happened.”

Misstates evidence / Misquotes witness

The question incorrectly describes evidence already presented or inaccurately repeats what a witness previously said. Think: “That's not what the evidence or witness actually said.”

Cumulative

The evidence unnecessarily repeats evidence that has already been presented. Think: “We already have enough evidence establishing this same point.”

Improper impeachment

An attorney is improperly attempting to attack the credibility of a witness or improperly using evidence or prior statements for impeachment. Think: “You aren't challenging this witness's credibility in the proper way.”

Immaterial

The testimony or evidence has no meaningful importance to the issues that need to be decided in the case. Think: “This information doesn't matter to the legal issue.”

Privileged

The answer would reveal information protected from disclosure by a recognized privilege, such as attorney-client privilege. Think: “The law protects this communication from being disclosed.”

Speculation / Conclusion

The witness is guessing about something they do not know or giving a conclusion rather than testifying to facts they personally know.

Opinion

The witness's answer gives an opinion that is not properly admissible or that the witness is not qualified or permitted to give.

Hearsay

An out-of-court statement is being offered to prove the truth of what the statement says. Hearsay is generally inadmissible unless an exception or exclusion applies. Think: “Someone outside court said X, and you're using their statement to prove X is true.”

Narrative

Instead of giving a responsive, specific answer, the witness gives an extended story or explanation that goes beyond what the question called for.

Unresponsive / Volunteered

The witness's answer does not actually answer the question or the witness provides additional information that was not requested. Think: “Just answer what was asked.”

No foundation

The necessary preliminary facts have not been established to show that testimony or an exhibit is admissible. Think: “You haven't established enough background to introduce this yet.”

No authentication

There has not been sufficient evidence showing that an exhibit is actually what the party claims it is. Think: “How do we know this document/photo/item is genuine?”

Hearsay / Double hearsay

The exhibit contains an out-of-court statement offered for its truth, or contains hearsay inside another hearsay statement. With double hearsay, each layer generally needs its own basis for admissibility. Think: “Someone said that someone else said...”

Prejudice greater than probative value

Even if evidence is relevant, its usefulness in proving something may be substantially outweighed by dangers such as unfair prejudice, confusion, or misleading the jury. Think: “This evidence may cause more unfair harm or confusion than useful proof.”

Contains inadmissible matter

An exhibit contains information that cannot properly be admitted into evidence, even if other portions of the exhibit might be admissibl

What information is included in a Notice of Taking?

The time, location, name of the witness, and names of the attorneys.

What should you review when preparing for a deposition?

Review the Notice of Taking and always verify spellings. Be aware that different attorneys may show up than the attorneys listed on the Notice.