Why Interruptions Are Sometimes Necessary When Making The Record

The court reporter is also known as the “silent partner” because he records testimony quietly and unobtrusively.

But there are times when a reporter must interrupt the proceedings.  Reporters are reluctant to do so, but sometimes it is necessary to preserve the record.  Certified court reporters are trained to capture every word, and that is their goal on every assignment.

The following are the most common reasons a reporter will interrupt:

*He cannot hear.  A soft-spoken witness, a noisy air conditioning system, or a passing ambulance can make for an impossible situation.  A reporter doesn’t have a chance if he can’t hear.

*Speed.  When people speak at breakneck speeds, or when speakers overlap, it is difficult for the reporter to process the words to write them down.  Speed increases the chances that the reporter’s notes will not be as clean, which is particularly unfortunate if an attorney is requesting realtime and wants to view the testimony on his laptop as soon as it is spoken.

*Clarification.  “September” sounds like “December” or “October-nineteen-ninety-eight” could mean October 1998 or October 19, ’98.  Gestures and nonverbal answers need clarification.  Some witnesses have accents.  And many times words at the beginning or end of a sentence can be “swallowed up”, and “I don’t think so” could sound like “as far as I know.”

*Technical subject matter.  Reporters are familiar with technical terminology to a certain extent, but they cannot be expected to be familiar with every term or subject that an expert testifies to.  Interrupting an expert regarding an unfamiliar term will ensure that the reporter writes it down correctly for the entirety of the deposition from that point forward. 

*Procedural matters.  If there are questions regarding the marking of exhibits, designations of confidentiality, reading and signing concerns, it is the reporter’s responsibility to make sure counsel are on the same page regarding same.

*Understanding.  Unlike a tape or digital recorder, which just records noise and sounds, a reporter is trying to understand the proceedings at hand, how the parties relate to each other, and the reason for the lawsuit.  Reporters come in “cold,” so to speak; whereas, counsel have been working on the case at hand for months, sometimes years.  So when a reporter hears something that doesn’t make sense from his limited knowledge of the case, he may need to interrupt.

In closing, a good reporter will not interrupt without good cause.  Reporters believe that it is better to have a polite and intelligent interruption rather than have an inaccurate and useless record, and we think most counsel would agree.