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Transcript Production - Questions and Answers

Dear Nancy:   Help!  I can't "figure" out how to refer to these numbers in my transcript.  Here is what was said:

Q. And do you see the list of 18 items beneath Improvements?
A. Yes. 
Q. Do you see a total cost basis of a million two under $13,330?

How would I reflect a million two?  The attorney then says "under thirteen thousand, three-hundred and thirty dollars." Should I write it all out since I don't exactly know what the “a million two” means? I want to be consistent, of course. Thanks!
Signed, Can't "figure" it Out

Dear Can't “figure” it Out:   I would put it in exactly as you have it.  A million two under $13,330 looks perfect to me.  Thanks for asking and keep the questions coming!

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Dear Nancy:   Is there any rule for using the trademark and registered symbols after the brand names of products and medications?  If so, do you use it only after the first instance the item is mentioned and not throughout the whole transcript?  Please help.
Signed, To Use or Not to Use

Dear To Use or Not to Use:   Great question.  I wasn't sure myself, so first I went to my favorite source, Lillian Morson's English Guide for Court Reporters.  Couldn't find it there, so I did a little Google investigation.  (Did you catch the hint here?)   What's great about Google?  You can get any answer you want!  I got three answers, all quotes from websites, so this is a multiple-choice answer for you.

a)   When using the name of a federally registered item or service, use the circle-r (®) mark on first use.
b)   Try iPod as an example.  Technically, you do not have to put the trademark symbol next to the iPod name as long as you make it clear that it is Apple's registered trademark.  However, if you want to be a stickler about symbols, then put it in.  As long as you credit Apple (e.g., by saying "Apple iPod" instead of just "iPod"), there should be no trouble.
c)   The Chicago Manual of Style says the symbols ® and TM "need not be used in running text."

If I were choosing, I'd go with the last answer! Thanks for the question.  Keep ‘em coming.

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Dear Nancy:  I've got two transcript questions about case captions. In the first one, the caption has the plaintiff's last name spelled wrong. What do I put as the caption? In the second one, the defendant's name has changed. Do I put in the defendant as named in the caption, or how the defendant refers to himself when stating his name for the record? Thanks for helping!
Signed, Playing the Name Game

Dear Playing the Name Game:  Good eye, and good questions! I wish all the reporters I work with could spot those kinds of conflicts.

In your first example, I would discuss that with the noticing attorney. Perhaps his paralegal simply mistyped the caption on the Notice of Deposition, in which case you'll want to put the correct spelling on your title page. Or perhaps the caption in the case filings is wrong throughout. By bringing that to the attorney's attention, he can take the necessary steps to correct any legal filings.

In your second example, it's my understanding you would use the official caption as in the original case filings. Again, provide some good customer service and bring it to the attorneys' attention. They may want to change the official filings.

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Dear Nancy:  In a transcript where two of the attorneys present have the same last name, how should I indicate them in colloquy?
Signed, Seeing Double

Dear Seeing Double:  I have always used the first initials in the colloquy. Example: MR. C. SMITH: and MR. E. SMITH:. Hope that helps!

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Dear Nancy:  I'm a fairly new reporter and I had a request for my first rough draft transcript. Do I put something on the transcript to designate that it's only a rough draft?
Signed, Daft About Drafts

Dear Daft About Drafts:  You don't mention whether the attorney(s) is getting an electronic copy, a hard copy, or both. It is important to have a disclaimer at the front of the transcript indicating that this is a rough draft, and many reporters put in a comment about the limited use to which that draft transcript can be put. (Say that sentence ten times fast.) When I print out rough drafts, I always put a header at the top of each page that says Rough Draft. You can put the same header on your electronic files.

And you didn't ask, but just the teacher in me coming out, did you do a rough edit on your draft before you sent it? It's not cool to send a "raw" draft. Provide some good customer service, and fix it up for your client. Rough does not mean raw. Good luck in your new career. Keep up the good questions.

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Dear Nancy:  I have a simple transcribing question. The attorney asks the witness if he sees the "1/2" in the document before him. He says "one slash two" and the document says "1/2". If I put "1/2" in the transcript, I read it as "one half", but it isn't a fraction. I'm thinking that might be confusing in the record. How should I transcribe it?
Signed, Numb With Numbers

Dear Numb With Numbers:  Well, I am impressed that you thought enough about how the record reads to ask. We are soulmates. This is the kind of stuff that gets me all excited. I know; look who my husband is. He wants to know if anal-rententive is hyphenated.

I would use words. It's never "wrong" to transcribe the words that are spoken. (Smile!) I guess that's our job. So to eliminate confusion, I'd put "one slash two" in my transcript. The attorneys won't know how much thought you put into this, but you will, and now my readers will. Congratulations for your commitment to excellence.

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Dear Nancy:  I had a deposition in which the witness wants to read and sign but was not represented by counsel and she did not want to buy a copy of the transcript.  In this instance, do I send her a letter asking her to make an appointment with the court reporting agency to come in and read and sign her transcript?
Signed, Need Help in Needham

Dear Need Help in Needham:  The method for getting transcripts to witnesses for reading and signing is as varied as the number of court reporting firms in this nation, I think! You don't state whether the witness is a pro se party, or a third-party witness. That can make a difference in how the reading and signing is handled. Some agencies insist that witnesses come to their office to read and sign. Some reporters will bring it to the witness. Some agencies will send a courtesy copy to the witness. Some agencies send a copy to the witness and bill the noticing attorney for the witness copy. In Massachusetts, we don't file the original transcript, so the practices here may be different than those in a state where the original transcripts are still filed with the courts.

So my best advice is to ask experienced reporters in your region. Follow the local custom and practice, check out NCRA's Advisory Opinions, be sure you understand your local laws and Federal Rule 30, and you will handle it appropriately.

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Dear Nancy:  A witness mispronounced a word several times in her testimony. She kept saying "paraplectic" and I'm pretty sure she meant paraplegic. The lawyer never corrected her. And since that's the way it was said, should I fix it or put [sic] after paraplectic? If I use [sic], should I put it in the transcript every time she says it or just the first time? 
Signed, Sick Over Sic

Dear Sick Over Sic:  I wish I could count how many times the discussion of "editing" testimony comes up at court reporting meetings. Some reporters would argue that a bit of editing is okay. Others fall on the side of absolute verbatim. My experience is that most reporters fall somewhere in the middle. We might edit a lawyer's "gonna" so the transcript reads "going to", but I doubt many reporters would change paraplectic to paraplegic.

But to answer your specific question, if it were my transcript, I would transcribe what she said, paraplectic, and use [sic] after it the first time. I don't feel it's necessary to pepper a transcript with repeated usage of [sic]. But you'll probably get all sorts of differing opinions in answers to this question. Sorry I can't be more definitive.

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