The Discovery Update – March 2012


The Discovery Update – March 2012

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March 2012

From the President

To date, we have provided court reporting services for over 566,000 depositions in over 7,000 cities across the U.S.

This number is so incredibly high only because you continue to allow us to provide you with our reliable court reporting services, both locally and nationwide. To us, it’s not about achieving a high number, but providing high-quality service to all of our clients.

This month our feature article, “Making the Record,” gives you an inside perspective of the importance and uniqueness of the court reporting profession and the skills needed for success.

I hope you find this month’s issue helpful, and I sincerely thank you for your business.

Best regards,
Sheila Atkinson-Baker

Making the Record

By Lynda Batchelor Barker,
Registered Diplomate Reporter

The reporter’s transcript is an important document before, during, and after a trial. The transcript is used for trial preparation, briefs, impeachment purposes, and, of course, for appellate review. Property, freedom, and life all can depend on a clear and accurate record. Many cases lost in trial courts are subsequently won on appeal because the record was carefully made in the trial court.

Here are some reminders and tips to help you make a clear record. Many of them are common sense, but they are precisely the kinds of things that often are overlooked or forgotten during a trial or a deposition. We hope this will help you remember to take the greatest care in making the record.

You as Record-Maker

The responsibility for preserving the record rests with the court reporter, on whom the bench and bar rely with confidence to accurately report the judge, counsel, and witnesses.

The primary job of making the record belongs to the attorneys participating in the case. You, as counsel, may have an excellent theory and a winning strategy, but you must match your preparation with a careful regard for the record so that that record will accurately and completely reflect the merit of your case to the appellate judge. 
Read full article >>

All You Need is Metadata

By Joshua Gilliland, Esq.
“Bow Tie Law” 

When it comes to native files with associated metadata, there is no substitute.

In a motion battle over a stipulation on the form of production, the Plaintiff stated that ESI should be produced in native file format with associated metadata.  In the event ESI needed to be redacted or was not available, it could be produced as a static image with a searchable text file and specific metadata.  In re Porsche Cars N. Am., Inc., Plastic Coolant Tubes Prods. Liab. Litig., 2012 U.S. Dist. LEXIS 7999, 10 (S.D. Ohio Jan. 24, 2012).

The Plaintiff went so far as to define “metadata” as follows:
Read full article >>

Making the Record

All You Need is Metadata

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From My Cousin Vinny:Vinny: “Your honor, may I have permission to treat Ms. Vito as a hostile witness?”Mona Lisa Vito: “You think I’m hostile now, wait ’til you see me tonight.”

During a trial in which Mae West was accused of indecency on stage:

Judge: “Miss West, are you trying to show contempt for this court?”

Mae West: “On the contrary, Your honor, I was doin’ my best to conceal it.”

From Liar, Liar:

Judge Stevens: “Mr. Reede, one more word out of you, and I will hold you in contempt!”

Fletcher: “I hold myself in contempt! Why should you be any different?”