NAME OF COURT AND STATE

COUNTY TYPE

------------------------X

IN THE MATTER OF:

NAME,

Petitioner,
Docket No.:
XXXXX
Vs.

NAME,

Respondent.

------------------------X

January 1, 2003

HELD AT: ADDRESS OF COURTHOUSE

123 Courtroom Street
New York, NY 10000

BEFORE: HONORABLE JUDY S. JOHNSON,

Judge

APPEARANCES: JOHN JONES, ESQ.

Attorney for the Petitioner
NAME OF THE FIRM
Address
City, State ZIP
Phone Number

LISA SMITH, ESQ.

Attorney for the Respondent
NAME OF THE FIRM
Address
City, State ZIP
Phone Number

TRANSCRIBER: YOUR NAME

 INDEX

W I T N E S S E S

PETITIONER: RE RE V.
WITNESS DIRECT CROSS DIRECT CROSS D. J
R. Watson 5 6

RESPONDENT: RE RE V.
WITNESS DIRECT CROSS DIRECT CROSS D. J

E X H I B I T S

PETITIONER:
IDENTIFICATION DESCRIPTION I.D. IN EV.

A Letter to R. Watson, 8 8
3 pages

RESPONDENT:
IDENTIFICATION DESCRIPTION I.D. IN EV.

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 PROCEEDINGS 3

1 THE COURT: As the authority before whom

2 this case is being held, I should be referred to as

3 “THE COURT” in the speaker ID, even though my name is

4 the Honorable Judy S. Johnson. When addressed in all

5 colloquy and proceedings of this transcript, I should

6 be capitalized as the Court or Your Honor. If there

7 is more than one judge in the proceedings, we should

8 all be referred to as “JUDGE JOHNSON” or whatever

9 each judge’s last name happens to be.

10 MR. JOHN JONES: I agree, Your Honor. For

11 the rest of the participants, our first speaker ID

12 should be “MR.” or “MS.”, and then our FULL name.

13 Every ID after that should simply be our title, then

14 last name.

15 THE COURT: Additionally, it should be noted

16 that there should be two spaces after all

17 punctuation, including the colon after the speaker

18 ID. Please be consistent with this. In addition,

19 “off the record” remarks, as indicated by the

20 presiding judge/authority, which are clearly

21 subsequent to the conclusion of a proceeding and/or

22 not intended to be recorded should be omitted from

23 the transcript. For example, attorney/client private

24 conversation, post-proceeding chatter, or remarks

25 stated by the presiding judge/authority to be

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 PROCEEDINGS 4

1 stricken from the record should be omitted.

2 MR. JONES: Always do your best to

3 transcribe what you discern from the audio file. If

4 after several attempts you are still unable to

5 discern what is being said, insert “ - - ” in that

6 spot.

7 THE COURT: Sometimes a number of people

8 will speak at once, or there will be a general

9 laughter, or a great deal of sound in the background.

10 If so, please use the following terms to indicate

11 them:

12 [crosstalk]

13 [laughter]

14 [background noise]

15 MR. JONES: These terms are sometimes more

16 useful than “ - - ” because they offer greater

17 insight into the audio problem. Also, [Interposing]

18 should be used at the beginning of a sentence when a

19 speaker cuts off another by--

20 MS. LISA SMITH: [Interposing] It is

21 important to transcribe the intentionally spoken

22 dialogue in a legal document as verbatim as possible.

23 However, proper use of punctuation, particularly

24 commas and semicolons, should leave you with a

25 document of reasonably correct grammar. Non-verbal

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 PROCEEDINGS 5

1 utterances like um or ah, stutters, false starts, and

2 conversational tic words like “like” or “you know”

3 should only be typed when they add meaning to the

4 proceedings. Otherwise, they should be omitted.

5 MR. JONES: I'll make a note here about

6 titles. In the header of each page (not including

7 the cover sheet), there is a title and a page number.

8 On this page, for example, the title is

9 "PROCEEDINGS." During witness testimony, the title

10 must be adjusted to reflect (i) the name of the

11 witness, (ii) by whom the witness was called, and

12 (iii) whether testimony is direct, cross, redirect or

13 recross examination. This is done by adding a

14 continuous section break and changing the header of

15 the new section to reflect the new title.

16 THE COURT: After the witness says, “I do,”

17 the sentence below must be included verbatim. Do you

18 swear to tell the truth, the whole truth, and nothing

19 but the truth?

20 MR. WATSON: I do.

21 R I C H A R D W A T S O N, having been

22 first duly sworn, testified as follows:

23 DIRECT EXAMINATION

24 BY MR. JOHN JONES

25 Q: This is the Q&A portion of the proceedings.

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 DIRECT EXAMINATION OF R. WATSON BY J. JONES 6

1 A: I agree. I agree.

2 Q: This is where the questions will go. Mr. Watson,

3 do you agree?

4 A: I agree. I agree.

5 Q: This is where the text will go. This is where

6 the text will go.

7 MS. SMITH: Objection.

8 THE COURT: This is the colloquy. This is

9 the format used when the Court or opposing counsel

10 interrupt the examination that is going on. When the

11 interruption is finished and the examination resumes,

12 the margins must revert to the Q&A format.

13 Q: You mean like this?

14 A: Exactly.

15 Q: Then the Q&A continues, with text commencing 10

16 spaces from left margin and subsequent lines at the left

17 margin.

18 A: I agree. I agree.

19 Q: You’ll note that the Q&A are indented at five

20 spaces in, then a tab after the colon for the text of the

21 question or answer to begin five additional spaces

22 thereafter. Subsequent lines are flush against the left

23 margin.

24 A: Yes, I have noticed that.

25 Q: During the direct examination, I will ask

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 DIRECT EXAMINATION OF R. WATSON BY J. JONES 7

1 questions until I am done. After my direct examination,

2 the opposing counsel can perform her cross-examination.

3 The cross-examination is followed by my redirect

4 examination, which is then followed by a recross

5 examination.

6 A: Correct.

7 MR. JONES: No further questions.

8 THE COURT: Ms. Smith, any cross?

9 MS. SMITH: Yes, Your Honor. I'll have many

10 questions for Mr. Watson, and you'll note the

11 information below to indicate the start of my cross.

12 CROSS-EXAMINATION

13 BY MS. LISA SMITH

14 Q: Have you noticed that the formatting has reverted

15 to Q&A?

16 A: Yes, I have.

17 Q: And you'll notice that we've added another

18 continuous section break to enable us to adjust the

19 header?

20 A: Yes, I have also noticed that you must ensure

21 that the header is NOT marked "same as previous," thereby

22 allowing you to title each section as appropriate. When

23 in the heading, you'll see a toolbar. On the toolbar,

24 click the "Link to Previous" button to turn off the "same

25 as previous" function. The new heading will appear on the

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 CROSS-EXAMINATION OF R. WATSON BY L. SMITH 8

1 first FULL page of that new section.

2 MS. SMITH: I have no further questions.

3 THE COURT: So now we're done with the

4 testimony formatting and have moved back to colloquy,

5 and we have added another section break so the next

6 section title goes back to "PROCEEDINGS."

7 MS. SMITH: However, please note that for

8 every additional witness that is examined or cross-

9 examined, or for every additional examination series

10 for any witness, this sequence of formatting must be

11 duplicated.

12 MR. JONES: You'll also notice there is no

13 title on the certificate page.

14 THE COURT: With regard to evidence, all

15 evidence must be listed on the Index page. The

16 information will include the identification, a brief

17 description, the page on which identified, and the

18 page when the Court admits the item into evidence.

19 MR. JONES: For example, I have a three-page

20 letter to Richard Watson that pertains to this, so I

21 will give it to the Court.

22 THE COURT: I will mark it as Petitioner's

23 Exhibit A. Therefore, on the Index page, this is

24 listed as exhibit A, and indicated as identified on

25 Page 8.

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 PROCEEDINGS 9

1 MS. SMITH: I have no objection, so the

2 Court is free to admit it into evidence.

3 THE COURT: With no objection, the exhibit

4 is admitted into evidence.

5 [Whereupon Petitioner's Exhibit A was

6 admitted into evidence.]

7 MR. JONES: In this case, the exhibit was

8 admitted into evidence also on page 8, and this

9 should be noted on the Index page, as shown.

10 THE COURT: When a specific audio file ends,

11 you should indicate that as shown below. The audio

12 is often taken from tapes, but this is not always the

13 case. You should check the title of the audio files

14 you transcribe from to ensure you label the audio

15 files correctly.

16 [END TAPE 1 SIDE A]

17 [START TAPE 1 SIDE B]

18 MS. SMITH: Please use numbers to indicate

19 tapes, and letters to indicate sides, as appropriate.

20 If the audio files you receive are not named to

21 indicate tape sides, then use the audio file name in

22 your start and end notations, as in the below

23 example.

24 [END WATSON030101-1.MP3]

25 [START WATSON030101-2.MP3]

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 PROCEEDINGS 10

1 THE COURT: Also, if you cannot be sure of

2 the spelling of a proper noun, such as a last name or

3 location name, use your best guess and follow it with

4 [phonetic]. If the last name belongs to one of the

5 speakers, you only need to indicate it as phonetic in

6 the first instance it is said and not in the speaker

7 ID.

8 MS. SMITH: The cover page is extremely

9 important. You must ALWAYS include: (i) the court,

10 county or city of venue, and part in which

11 proceedings were held, (ii) the name of the case,

12 (iii) case number, charge and nature of proceedings,

13 (iv) address of courthouse, (v) date of proceedings,

14 (vi) judge or other presiding authority, (vii)

15 whether proceedings were before a jury, (viii)

16 appearances of counsel for the parties, and (ix) the

17 name of each transcriber.

18 If any of this information is unavailable,

19 be sure to email quality@ubiqus.com or phone the

20 assigners to obtain the information so it is included

21 BEFORE you submit. Any submission missing any such

22 information will be deemed incomplete.

23 MR. JONES: The Index Page is also very

24 important. On it, you must list witnesses by the

25 party who called the witness, including the page or

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 PROCEEDINGS 11

1 pages where testimony is given and the type of

2 examination (direct, cross, re-direct, re-cross, or

3 by the Judge). You must also index exhibits by the

4 party who proffered each one, including the page

5 numbers where it was offered for identification and

6 introduced into evidence by the Court. Please note

7 that the cover page and the index on this template

8 show the parties as “Petitioner” and “Respondent.”

9 These will have to be adjusted as appropriate for the

10 particular case you are asked to transcribe.

11 THE COURT: Finally, make sure to check your

12 assignment sheet for any instructions unique to your

13 current assignment and be sure to fill out completely

14 the certification page that follows. The

15 certification page requires you to insert a scan of

16 your signature. If you are unable to prepare this

17 scan, please let us know, and we can help. Good

18 luck.

19 [END OF HEARING]

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 12

C E R T I F I C A T E

I, --------------- certify that the foregoing transcript

of proceedings in the -------- Court of ------------- v.--

-----------, Index No. -------- was prepared using the

required transcription equipment and is a true and

accurate record of the proceedings to the best of my

ability. I further certify that I am not connected by

blood, marriage or employment with any of the parties

herein nor interested directly or indirectly in the matter

transcribed.

Signature: [Vendor must insert scanned signature]

Date: ____________________________________

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