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"The rules do not require or even permit a court reporter to referee attorney disagreements at depositions. The reporter's job is simply to certify 'the amount of time used by each party at the deposition'. "Tex.R.Civ.P.203.2(e). The time limitation is on the examination and cross-examination of witnesses. Tex.R.Civ.P.190.2(c)(2), 190.3(b)(2),199.5(c). This obviously does not include recesses or off-the-record discussions, and it should not include protracted lapses, such as when a witness is reviewing a stack of documents. But the time limit would include ordinary pauses by the interrogator or the witness. If a dispute develops among counsel about how time is to be kept, the reporter should not attempt to resolve it but should simply make a record of the disagreement so that it can be taken to the court if necessary. If a reporter makes a mistake in keeping or certifying time, the Court would treat it as any other mistake made by the reporter and order any adjustments in discovery considered appropriate. "Nothing in the rules requires a reporter to keep track of the time remaining to any attorney... A court reporter has no authority to shut down a deposition. A reporter's responsibility is to make an accurate record, not to police counsel or witnesses. "Reporters should not allow themselves to be injected into counsels' disputes. If lawyers cannot agree on the peculiar details of counting time in a particular situation, they should make a record of their respective positions and let a judge sort it out. I would imagine, though, that most trial judges would ordinarily take a dim view of such disputes." (Back to Table of Contents) Do I Have To Furnish My Backup Tape? An NCRA advisory opinion determines that, absent a court order to do so, there is no obligation under the Code of Professional Ethics to provide a copy of a backup tape that a reporter elects to make, or even to disclose that a backup tape is being made. This opinion reflects trial court and appellate court opinion in Emmel v. Coca-Cola Bottling Co. of Chicago, Inc., 904 F.Supp 723, 753. However, a reporter can elect to provide a copy of a backup tape. If the reporter does elect to provide a copy of the backup tape, the advisory opinion holds that the reporter should provide a copy and retain the original; should offer a copy of the media to all other parties; and should warn all parties that recorded media may contain inadvertent comments, privileged communications, or off-the-record discussions. (Back to Table of Contents) |