BECOME A MEMBERAMERICAN DEPOSITIONS
A deposition is the taking of witness testimony for an American court case. The attorney who is taking the deposition will start by cross-examining the witness and then the opposing attorney, or attorneys, may have questions on re-direct examination.
SWEARING IN
It is the practice in America that the court reporter swears in the witness because American court reporters are notaries. In the UK reporters are not notary publics and this should be pointed out to attorneys before the deposition begins. Usually both parties agree that the Court Reporter will swear in the witness. Sometimes the attorneys have arranged a Notary Public to formally swear in the witness and this should be noted on the appearance page.
The witness testimony follows a Q and A format with the opposing attorney making objections from time to time. The reporter is often requested to read back previous questions or answers and this should be noted in the transcript, i.e. (Pending question read back).
EXHIBITS
During the deposition the court reporter is asked to mark exhibits which are then handed to the witness. They should be marked with an exhibit label on the front of the exhibit in the format decided by the parties, either with the witness’s name followed by the exhibit number, the date and then the court reporter’s initials, or the name of the case, i.e. Jones 1, 1 March 2005. Remember that the American date is written with the month first, so write in full to avoid confusion. A note should be made in the transcript indicating that an exhibit has been marked, i.e. (Deposition exhibit Jones 1, marked for identification).
The exhibits marked by the court reporter form part of the deposition transcript and should be bound as a separate document, with index, or attached to the transcript if there are only a few. Once marked, and if it is agreed they be attached to the transcript, it is the responsibility of the court reporter to keep all the exhibits at the conclusion of the deposition and forward them with the original transcript.
SIGNATURE PAGES
When the transcript is finished, the witness is usually required to sign his or her deposition transcript. There should be a signature page at the end for the witness to sign stating that he has read and agreed to the accuracy of the transcript. This should be followed by an errata page so any corrections can be noted with reference to the page and line number. The very last page should be a signature page for the court reporter to sign stating that the transcript is a true and accurate record to the best of her skill and ability. Accredited court reporter status, and membership of the BIVR, should be stated as it is expected by American attorneys that you will be an accredited court reporter.
It should be noted that American reporters may not enter the UK to take depositions without a work permit. It is a criminal offence to aid and abet the illegal use of American reporters in this way.