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Court Proposes Changes to Local Rules

I recently received an email “Message from Chief Jefferson Circuit Court Judge Audra J. Eckerle – In lieu of weekly e-brief.”  The email states, “THIS MESSAGE IS BEING SENT ON BEHALF OF CHIEF JEFFERSON CIRCUIT COURT JUDGE AUDRA J. ECKERLE:”

The message begins “The Jefferson Rules of Practice (known informally as the “Local Rules”) have not been amended since 2006.”  The message goes on to say, “Pursuant to SCR 1.040(3)(a), we tender to you now the proposed amendments that the Circuit Court Term has voted to approve.”  See the Proposed Changes

As a member of the Kentucky Court Reporters Association, as well as the Louisville Bar Association, I have some concerns with the proposed changes to Jefferson County’s Local Practice Rules, in particular the section underlined below: 

1202 Filing Depositions with the Court

“CR 30.06 notwithstanding, only the cd/DVD/disc/videotape of the deposition shall be filed with the Clerk. The original hard copy of the deposition shall be maintained by the party noticing the deposition and shall be made available to any party for inspection and/or copying. Excerpts of relevant portions of any deposition may be offered in support of and attached to any pleading with the Court.”

I believe this proposed change places the burden on the taking attorney to maintain, safeguard, and reproduce court records.  For example, the taking attorney may have the responsibility of providing a time and place for any and all parties to handle and inspect the original transcript, quite possibly providing someone to supervise the original’s handling, such as was the case when the court clerks kept watch over those viewing files as they sat in a designated area observable to the clerks.   Some attorneys may not have the copy power to reproduce large-volume transcripts, audio or video recordings, or color copies, adding further complication to reproducing the original.

In addition, I believe opposing counsel will increasingly expect the taking attorney to produce the original for inspection and/or copying at no charge, creating a decrease in revenue to the taxpaying court reporter caused by the loss of a transcript copy sale, which the court reporter created originally.  If court reporters lose that transcript copy sale, our businesses would suffer a significant financial loss.  It would be difficult to continue to pay office rent and expenses, salaries, insurance, and taxes without adding a steep increase to the cost of the original transcript, further burdening the taking attorney with this additional charge.

As I see it, under the proposed change as stated in CR 30.06, a huge and unfair burden would be placed on the taking attorney, that being: 

  1. The increased cost of an original transcript charged by the court reporter to recoup the cost of the lost copy sales. 
  2. Having to furnish a supervised place and time for parties to view the original transcript and exhibits.
  3. Not all attorneys have the setup to allow all parties to come in and view DVDs.

I believe the cost of an attorney-copied original transcript would be more costly than if copied and sold by the court reporter that originally created it because of comment 1 above. The proposed change does not address what a fair charge is for such copy work done by the taking attorney.  Court Reporter’s rates are limited to what the market will bear. 

I propose that the Court continue to allow court reporters to seal the original transcripts until such time as they are deemed necessarily opened by the Court.  If opposing counsel would like a copy of the transcript, I hope we can maintain the status quo, whereby the court reporter is called and asked by counsel to produce a copy for them at a set rate.   By providing a sealed original to the taking attorney, it protects the integrity of the original transcript and exhibits, while not taking up space at the courthouse.

Lastly, I see a conflict in the language between 1201, Section 4 and 1202 as to who maintains the original video.  I propose the video be maintained by the taking attorney, as is the current practice, and filed with the Court as the Court deems necessary.

We at Taylor Court Reporting Kentucky encourage all Kentucky court reporters, Louisville court reporters, Kentucky legal videographersLouisville legal videographers, and attorneys to review the proposed changes and express opinions with Eric Darnell, Circuit Court Administrator, at ericdarnell@kycourts.net or 595-4588 by August 30, 2013.

Linda L. Taylor
Certified Court Reporter – KY

Write it Down!

Court Reporters, Get it Right! 

After the deposition, a court reporter usually asks, “Would you like a large transcript, condensed, E-transcript, E-Transcript only, or would you like all of the above?”
The first attorney may say, “I’ll take a large transcript, a condensed transcript, and an E-Transcript.”
The second attorney may say, “I’ll take a large transcript only, but call my assistant, Gina, and see if we take an E-Transcript, too.”
That’s just the first two transcript orders and you’ve got three more orders to go.   If you want to save yourself a few calls later for “clarification,” or because your memory “just isn’t what it used to be” WRITE IT DOWN!
If an attorney tells you he’s changed firms or he has a new address, don’t rely on your memory.  By the time you get around to scoping and proofing the deposition transcript, there’s a good chance you’ll have forgotten what was said and then you’ll have to spend (waste) time researching the answer.  If you want to save yourself time and aggravation, WRITE IT DOWN!
Let’s say there’s a trial date at the end of the month, but there’s a mediation in two weeks.  They’d like the transcript by the 10th.  You think you’ll never forget that date because you’ve got a lot of work to do between now and then, sync the video to the text and upload the video and synced transcript to your online repository.  Keep yourself on track as the days zip by, know the date its due – WRITE IT DOWN!
In these days of information overload, rush transcripts, and production demands, it’s easy to forget something, but there is one way to cut down on errors, and it’s easy enough – WRITE IT DOWN!

 

10 Reasons To Download the E-Transcript Bundle Viewer

  1. RealLegal E-Transcript is used by more than 70% of the court reporting industry.
  2. RealLegal E-Transcript technology is the benchmark for electronic transcripts and the standard delivery format for litigators nationwide.
  3. E-Transcript files ensure page and line integrity, allowing for custom formatting.
  4. E-Transcript offers the security of a tamper-proof, electronic signature.
  5. The E-Transcript Bundle Viewer is FREE.
  6. Unlike other formats, E-Transcript files are also compatible with West LiveNote, West Case Notebook and other popular litigation software.
  7. After you download the E-Transcript Bundle Viewer once, you can open any RealLegal E-Transcript file you receive.
  8. The E-Transcript Bundle Viewer reads PTX and PTZ files.
  9. With your E-Transcript Bundle Viewer you can receive and view PTZ files with hyperlinked exhibits, OCR-generated alphabetized wordlists from each exhibit page, view your videos with synchronized text, and easily create your own video clips for presentation to a jury, mediator, client, or member of your team.
  10. You can use the iBinder online repository to view your transcripts, exhibits, and videos anytime and anywhere you have an Internet connection.

 

Download the E-Transcript Bundle Viewer from Thomson Reuters today!

Bundles | Repository

E-Transcript | Publisher Bundles | iBinder Repository

Taylor Court Reporters of Louisville Kentucky uses the best, the original and industry-leading line of transcript technology, Westlaw/RealLegal’s E-Transcript, delivering electronic transcripts to your email’s inbox. RealLegal E-Transcript was the first, and remains the best, of these transcript technologies.  Everyone  has  heard of E-Transcript and its PTX format.  We don’t stop with the E-Transcript, we go further.

Taylor Court Reporting brings you the newest transcript technology, E-Transcript Publisher Bundles. Publisher Bundles are E-transcripts with hyperlinked exhibits.  After we scan your exhibits, we hyperlink each exhibit within your electronic transcript for easy viewing.  After scanning and hyperlinking your exhibits, we OCR each page of your exhibits, creating and generating an exhibit  with a keyword  index.  Publisher  Bundles  are  an E-Transcript upgrade with the new file designation of PTZ.   You’ll need to download the newest  viewer to view these Publisher Bundle PTZ files, but the viewer also reads the older PTX  version of E-Transcript.

Download the new E-Transcript Publisher Bundle Viewer now to view PTX and PTZ files.

Publisher also Bundles and syncs your video deposition files to your E-Transcript, creating a powerful tool for the litigating attorney.  Now you can clip and paste portions of the synced video to create powerful presentations to a jury, client, arbitrator, or members of your team.

Taylor Court Reporters will upload your deposition transcript to its iBinder Internet Repository, so whether you’re at home, or the road, or just can’t put your hands on that transcript, you’re never further away than the click of a mouse.

RealLegal offers free technical support for all of its software.

To ensure you get the most out of RealLegal software, please don’t hesitate to contact RealLegal with questions, problems, or suggestions.

Software Support

 

You may also download the following:

 

Taylor Court Reporters are ready to answer your questions and walk you through each application, so call us today.  We’re always happy to help!

Kentucky Court Reporters Support Kentucky Justice Association at State Fair

The lazy days of summer are winding down as the kids start back to school. It’s August in Kentucky, the temperatures are still rising, and it’s Kentucky State Fair time.  Ah, the State Fair, with its novel gastronomic adventures, corn dogs, deep fried Girl Scout cookies and hamburgers served between two Krispy Kreme glazed doughnuts.  It’s also time for the Trial by Jury, put on each year by the Kentucky Justice Association with the help and support of the Kentucky Court Reporters Association.

Fair-goers get the chance to get out of the heat and take a seat on a jury, where they learn the value and importance of a citizen’s right to a trial by a jury of their peers and the responsibility every citizen shares to insure that right.  Once jurors are selected and seated, they listen to the case presented by attorneys.  They hear testimony, objections, and rulings by the Court.  They learn what it means to be on a jury.

As they listen to the proceedings and ponder the evidence, from time to time their eyes wander to the court reporter sitting behind the steno machine, fingers flying while intently listening to each word spoken.  Every once in a while they notice the reporter’s eyes glace at her computer screen and they wonder, “What’s she looking at, and whatever happened to the paper that comes out of that machine?”  After deliberations, their work done, the verdict is read.  The jurors feel the weight of their decision and are glad to talk to the attorneys a bit about their experience.  A few jurors inevitably wander over to the court reporter to see what exactly she does during the trial. 

Participants L to R: Attorney Jay Prather, Bailiff Nick Smith, Court Reporter Linda Taylor and Judge James Brantley, Attorney Andrew Downey (not pictured)

Now, with just a few people milling around, the court reporter explains the role she plays in depositions and trial.  She explains that as an impartial officer of the court, she is charged with taking down verbatim notes of the proceedings and transcribing them for interested parties. She explains the changes in technology over the years, how our writing style has gone from using paper and dictating machines to using computer technology that can produce an instant readable translation of the spoken work.  

Someone always asks for a demonstration and we are happy to show them how the steno machine works and how it can be connected to a computer for a realtime readout of the proceedings. We explain how that can benefit the deaf and hard-of-hearing, and how lawyers and judges use the instant translations to impeach witnesses or mark important parts of the testimony.

“How do court reporters know what keys to push if they aren’t marked?  How long does it take to become a court reporter?  How much money does a court reporter make?”  We answer all the questions we’re asked, but can’t help adding how much we love this profession of court reporting, the freedom of a deposition reporter’s schedule, the people we meet, and the stories we hear. 

Everyone walks away having learned something by participating in the Trial by Jury.  If you ever find yourself looking for something to do in August, head on over to the Kentucky State Fair and get involved with the Trial by Jury.  Meet a lawyer, talk to a court reporter, a judge or a bailiff.  It’s fun, air conditioned and, best of all, it’s free! 

Linda L. Taylor

www.TaylorCourtReporters.com

Photography by Jessie Taylor