CER CER Transcript Certification & Legal Compliance 2 — Questions and Answers
Question 1: How long are electronic court reporters in most US jurisdictions typically required to retain the original recording media after a proceeding?
- 30 days
- 6 months
- At least 1 year, with many jurisdictions requiring longer retention periods defined by court rules or statute (Correct answer)
- Until the judge closes the case verbally
Correct answer: At least 1 year, with many jurisdictions requiring longer retention periods defined by court rules or statute
Retention requirements vary by jurisdiction but typically range from one year to several years or until final disposition of all appeals, and reporters must know their specific jurisdiction's rules.
Question 2: What is the correct way for a CER to handle an 'off the record' instruction from the judge?
- Continue recording audio but stop the transcript log
- Pause the official recording immediately and log the time, then resume and log the time when directed back 'on the record' (Correct answer)
- Delete all audio from the past five minutes to protect off-record statements
- Continue recording and transcribing everything regardless of the judge's instruction
Correct answer: Pause the official recording immediately and log the time, then resume and log the time when directed back 'on the record'
When a judge goes 'off the record,' the reporter pauses the official recording and logs the exact time, then resumes and logs the time when proceedings return on the record, maintaining a complete time-stamped record of all on-record activity.
Question 3: Which of the following is a CER legally prohibited from doing under professional ethics codes?
- Charging different expedited transcript fees for rush delivery
- Disclosing the contents of a sealed transcript to an unauthorized party (Correct answer)
- Using digital timestamps to identify specific moments in a recording
- Requesting payment before delivering a certified transcript
Correct answer: Disclosing the contents of a sealed transcript to an unauthorized party
Sealed transcripts are protected by court order, and disclosing their contents to unauthorized parties violates both professional ethics codes and potentially constitutes contempt of court.
Question 4: What must a CER include on the certification page of a deposition transcript under FRCP Rule 30?
- The names of all jurors present at the deposition
- A statement that the transcript is a true record of the testimony, the reporter's name and certification number, and their signature (Correct answer)
- A complete list of all exhibits introduced during the deposition
- The billing invoice for the transcript preparation
Correct answer: A statement that the transcript is a true record of the testimony, the reporter's name and certification number, and their signature
FRCP Rule 30(f)(1) requires the officer to certify that the deponent was duly sworn and that the transcript is a true record of the testimony, typically including the reporter's credentials and signature.
Question 5: A CER's recording equipment fails completely during a deposition. What is the reporter's FIRST obligation?
- Attempt to reconstruct the lost testimony from memory after the session
- Immediately inform all parties and the presiding officer of the failure so the proceeding can be appropriately paused or rescheduled (Correct answer)
- Continue the session and note that no recording was made
- Secretly borrow another party's smartphone to record the remainder
Correct answer: Immediately inform all parties and the presiding officer of the failure so the proceeding can be appropriately paused or rescheduled
Immediate disclosure is the reporter's ethical and professional obligation; concealing an equipment failure that compromises the official record would violate professional standards and potentially prejudice the parties.
Question 6: When a witness reviews a deposition transcript and submits changes via errata sheet, what happens to the original transcript?
- The original is destroyed and replaced with the corrected version
- The errata sheet is filed alongside the original transcript; the original is not altered and both versions become part of the record (Correct answer)
- The reporter must re-record the deposition to reflect the corrections
- The corrections are incorporated silently into the transcript with no notation
Correct answer: The errata sheet is filed alongside the original transcript; the original is not altered and both versions become part of the record
Under FRCP Rule 30(e), the errata sheet supplements the original transcript; the original remains part of the record, allowing parties and courts to compare the original testimony with any changes.
CER CER Transcript Certification & Legal Compliance 2
How long are electronic court reporters in most US jurisdictions typically required to retain the original recording media after a proceeding?