Professional Documents
Culture Documents
Contents
Introduction 2
Research, Research, Research 2
Non-Germane Speech 2
Parentheticals and Headings 2
Colloquy 3
Speaker IDs 3
Swearing-In of the Witness 3
Q&A 5
Examinations and By Lines 5
Interruptions in Q&A 6
Interpreters/Translators 6
Swearing in the Interpreter 6
Examination through Interpreter 8
Voir Dire 9
Marking Exhibits 10
No Response 11
Ending a Transcript 11
Style Guidelines 12
Redactions 12
Contractions and Slang 12
Feedback, Crutch, Filler, Partial Words, and Stutters 12
Numbers 13
Exceptions 13
Dates 13
Time 14
Spelling, Abbreviations, Acronyms, and Capitalization 14
Emails and Web Addresses 16
Punctuation Rules 16
False Starts and Repeated Words 17
Interruptions 17
Long Paragraphs 18
Tags 18
[inaudible] 18
[phonetic] 18
[coughs] and Other Sounds 19
A deposition is a meeting of lawyers and one specific person, known as the deponent, with information relevant
to a given case. Often, this is a meeting enforced by a court order, so if any of the parties don't show up as
instructed, there can be consequences. A deposition is typically held at the law offices of one of the lawyers
involved. The witness/deponent usually has a lawyer present to help or advise them personally, but sometimes a
deponent will appear alone. The foremost goal of a deposition is for the lawyers to ask questions of the deponent
(known in legal terms as examinations) in order to create a record of their testimony. That record will then be
shared with the parties and the court to be referenced in various ways as the case progresses.
All transcription will be done in either Colloquy (Conversation) or Q&A (Questions & Answers) style, toggling
between the two as needed.
We follow a modified Clean Verbatim style, with any differences outlined in the guidelines below.
Non-Germane Speech
Speech that is not relevant to the proceeding is considered non-germane and should not be transcribed.
● Do NOT transcribe mic testing at the beginning of the audio.
● Do NOT transcribe irrelevant conversations at the beginning or ending of a proceeding. Whispers and
mutters not related to the proceedings are not part of the record.
● Do NOT transcribe offside comments during a proceeding when it has been stated that they are going
off the record.
Some parentheticals and headings will have placeholder words which you should replace with relevant
information gleaned from the file, such as the witness's NAME or what TIME a deposition goes off the record.
Colloquy
Colloquy (Conversation) is a standard paragraph style with speaker IDs, used for any part of official legal
proceedings that is NOT the examination of the witness (Q&A), such as party introductions, discussions amongst
judges and lawyers, and/or the swearing-in process.
Speaker IDs
Speaker IDs are written in ALL CAPS. Do NOT use first names unless two parties have the same surname.
Do NOT include the actual text of the swearing-in. Replace it with the Witness Swear-In parenthetical in the
example below on a separate line.
Example
(Witness duly sworn.)
Said:
THE VIDEOGRAPHER
This is the videotaped deposition of Jane Doe. My name is Andy Smith, the videographer. Would the parties please
introduce themselves for the record?
MR. WHITE
Bob White, counsel for Jane Doe.
MS. JONES
Barbara Jones, counsel for Kimmer & Sons.
THE WITNESS
And I'm Jane Doe.
THE VIDEOGRAPHER
Would the court reporter please swear in the witness?
THE COURT REPORTER
Do you solemnly swear to tell the whole truth and nothing but the truth?
THE WITNESS
I do.
THE VIDEOGRAPHER
Transcribe:
THE VIDEOGRAPHER
This is the videotaped deposition of Jane Doe. My name is Andy Smith, the videographer. Would the parties please
introduce themselves for the record?
MR. WHITE
Bob White, counsel for Jane Doe.
MS. JONES
Barbara Jones, counsel for Kimmer & Sons.
THE WITNESS
And I'm Jane Doe.
THE VIDEOGRAPHER
Would the court reporter please swear in the witness?
(Witness duly sworn.)
THE VIDEOGRAPHER
The witness has been sworn. We can continue.
MR. WHITE
Excellent. I just have a couple matters to discuss before Ms. Jones starts her questions.
Before a transcript's first examination begins, use the Witness Set-Up heading in the example below and
replace WITNESS with the witness's full name in ALL CAPS. In the case of this example, Jane Doe is being
deposed, so her name would be used.
Example
WITNESS,
called as a witness, was examined and testified as follows:
MS. JONES
Okay, Mr. Smith. Let's agree to disagree. We need to continue this deposition.
THE VIDEOGRAPHER
Are you okay, Ms. Doe?
THE WITNESS
Yes, I'm ready.
MS. JONES
Good. Let's get started.
JANE DOE,
called as a witness, was examined and testified as follows:
NOTE: The witness set-up heading is always immediately followed by an examination heading, which will be
covered next.
After the examination heading, always use the By Line heading in the example below and replace NAME with
the name of the questioning lawyer in the style of their Colloquy speaker ID. In the example below, Ms. Jones is
doing the questioning, so her name would be used.
Example
DIRECT EXAMINATION
BY NAME:
THE WITNESS
Yes, I'm ready.
MS. JONES
Good. Let's get started.
JANE DOE,
called as a witness, was examined and testified as follows:
DIRECT EXAMINATION
BY MS. JONES:
Q
Hi, Jane. I'm Barbara Jones. Do you remember me?
A
Yes, Barbara. I do. Hello.
Q
Great. So let me begin. Have you ever been deposed before?
A
No. This is my first time.
If an objection separates a Question from an Answer, then the Speaker ID for A must change to THE WITNESS.
The witness's speech cannot be A unless directly preceded by the Q.
Q&A resumes when the examining lawyer asks their next full question.
Q
Have you ever been in this law office before, Jane?
MR. WHITE
Objection, relevance.
MS. JONES
It's extremely relevant, Counsel.
THE WITNESS
I have been here, that's true.
Q
And what were you doing here?
A
Mr. White's partner is my husband. I visit him often.
Interpreters/Translators
Occasionally, an interpreter will be called on to assist in a proceeding. Once an interpreter has been sworn in,
the interpreter's remarks during Q&A will be substituted for that of the deponent, except when the interpreter
breaks their role.
When the interpreter is sworn in, use the Interpreter Swear-In parenthetical and heading on a line by itself
with no speaker ID, as in the example below. Replace INTERPRETER'S NAME in ALL CAPS, and replace
LANGUAGE with the appropriate language. In the example below, Angela Durer is the interpreter, and she's
present to interpret the witness speaking in German.
Example
(Interpreter duly sworn.)
INTERPRETER'S NAME,
was thereupon sworn to interpret the questions put to the witness from English into LANGUAGE and the
answers of the witness from LANGUAGE into English.
THE COURT
And Ms. Angela Durer is here to translate from German for us. Can we get her sworn in, please?
(Interpreter duly sworn.)
ANGELA DURER,
was thereupon sworn to interpret the questions put to the witness from English into German and the
answers of the witness from German into English.
THE COURT
Excellent. Let's continue.
If the language is not mentioned, use the Interpreter Swear-In (Unknown) parenthetical and heading and
simply replace the name. No language is needed. The interpreter is identified as Phillip Lecarde, so his name is
used.
Example
(Interpreter duly sworn.)
INTERPRETER'S NAME,
was thereupon sworn to interpret the questions put to the witness and to interpret the answers given
by the witness.
THE COURT
And Mr. Phillip Lecarde is here to translate for us. Can we get him sworn in, please?
(Interpreter duly sworn.)
PHILLIP LECARDE,
was thereupon sworn to interpret the questions put to the witness and to interpret the answers given by
the witness.
THE COURT
Excellent. Let's continue.
When the witness is sworn in through an interpreter, use the Interpreter Witness Set-Up parenthetical and
heading on a line by itself with no Speaker ID. This is immediately followed by an examination heading, by line,
and then Q&A begins. In the example below, the witness is identified as Ella Garcia, so her name is used.
Example
(Witness duly sworn through interpreter.)
WITNESS,
called as a witness herein, having been first duly sworn through an interpreter, was examined and
testified through an interpreter as follows:
THE COURT
Please swear in Ms. Ella Garcia, if you would.
(Witness duly sworn through interpreter.)
ELLA GARCIA,
called as a witness herein, having been first duly sworn through an interpreter, was examined and testified
through an interpreter as follows:
Said:
(Attorney)
Where do you live?
(Interpreter)
¿Dónde vives?
(Witness)
Vivo en Berkeley.
(Interpreter)
I live in Berkeley.
Transcribe:
Q
Where do you live?
A
I live in Berkeley.
If the interpreter breaks their role to comment or clarify, the transcript shifts to Colloquy and the speaker name
THE INTERPRETER would be used.
Q
Where do you live?
A
I'm visiting Berkeley.
THE INTERPRETER
Sorry, I need to correct myself. He actually said, "I live in Berkeley."
THE COURT REPORTER
Thank you for the clarification. Please continue.
NOTE: If the lawyer gives no name, title, or description for the exhibit, simply omit NAME from the parenthetical.
Examples
(Exhibit NUMBER was marked for identification. NAME)
MR. WAZOWSKI
And I'll be marking this as Anderson Deposition Exhibit Number 5.
(Exhibit 5 was marked for identification. Anderson Deposition)
MS. SMYTHE
I'd like to show you Exhibit 22.
(Exhibit 22 was marked for identification.)
MR. KHAN
And this is marked as Exhibit 9. Mr. Court Reporter, you can find it in the list we provided to you earlier as
Agricultural Report 82. It's nearly 300 pages long. 298, to be exact.
(Exhibit 9 was marked for identification. Agricultural Report 82)
If an exhibit is marked during Q&A, the witness and the questioning lawyer remain as A and Q, unless
interrupted by some other speaker.
Previously marked exhibits: If an exhibit was marked in a previous deposition, no parenthetical is required.
For example, an attorney might say, "I'm going to show you what was previously marked as Exhibit 10."
During a court proceeding, attorneys may offer a number of exhibits into evidence. An exhibit cannot be
officially admitted into evidence unless a judge or similar official is present to do so. When an exhibit is
admitted into evidence, place the Exhibit Admitted parenthetical on a line by itself with no Speaker ID. Replace
NUMBER with the exhibit number and NAME with how the attorney identifies the exhibit.
Example
(Exhibit NUMBER was admitted into evidence. NAME)
MR. WAZOWSKI
Your Honor, I'd like to admit Defendant's Lease, Exhibit 8 C into evidence.
THE COURT
So admitted, Counsel.
(Exhibit 8 C was admitted into evidence. Defendant's Lease)
ALSO: If a letter is used instead of a number, remove NUMBER and replace it with the letter given. (Exhibit A,
Exhibit C, Exhibit F)
Example
(No response.)
Q
But that's not what actually happened, is it? You went to see Alice instead.
(No response.)
Q
Okay. I get it. I'll move on. But silence like that isn't going to help you in front of a jury.
Q
That's not what you did?
(No response.)
Q
I really need you to answer yes or no. The record can't show your head shaking.
A
Sorry. No, I did not and never would do that.
Ending a Transcript
When a deposition has ended, use the Deposition End parenthetical. Replace TIME in standard hh:mm
AM/PM format.
NOTE: If times are not spoken on the record, you may omit "at TIME" from the parenthetical.
Example
(Deposition concluded at TIME.)
When a court proceeding has ended, one of several parentheticals may be used, but one of the most common
would be Court Adjourn. Replace TIME in standard hh:mm AM/PM format.
Example
(Adjourned at TIME.)
THE COURT
I'd like to thank the Jury for their service. And with that, court is adjourned. It is exactly 1:00 PM. Have a good
afternoon, everyone.
(Adjourned at 1:00 PM.)
Names of Minors
If you are aware that a name used in a transcript is that of a minor, please redact it to the initials of their first
and/or last name, depending on what is said.
● Said: So your son's name is Thomas Miller?
● Transcribe: So your son's name is T. M.?
● Said: The girls' names are Amy and Lisa.
● Transcribe: The girls' names are A. and L.
Exceptions
ALWAYS spell out:
● Fractions (three-fifths)
● Inexact numbers (several thousand widgets)
Dates
● Use numerals (08/26/86 | the 23rd | 1 October 1940 | 5th of August)
● Format with MM/DD/YY or MM/DD/YYYY (05/01/77 or 05/01/1977 if the full year is said)
● When only month and year are said, no comma between them (May '94 | June 2000)
● '70s, '90s (no apostrophe before the s)
● Use ordinals if they are spoken (said: the fourth of July, transcribe: the 4th of July)
Measures of Time
Transcribe measures of time according to the zero to ten rule.
● It took five days for the package to arrive.
● I was there for over nine hours.
● He's been in jail for six weeks now.
● I went on an 18-month sabbatical.
● We'll continue this in 14 days.
Use only the following spellings for affirmatives and negatives and only when used as a response to a question
instead of yes or no.
Affirmative: uh-huh
Negative: uh-uh
If a speaker uses a noise or a hmm or some other questioning response to indicate that they did not hear or
understand something said to them, replace it with "Huh?"
THE COURT
Mr. Johnson, did you hear what your lawyer said?
THE WITNESS
Huh?
THE COURT
Counsel, maybe you should repeat the question.
Exceptions:
M.D.
Ph. D.
D.O.
D.M.D.
Abbreviations are shortened forms of words. In most cases, abbreviations should NOT be used.
Exceptions:
● Mr. and Ms. and Dr. and Jr. and Sr.
○ Do NOT use Mrs.
● II, III, etc. (for the second, third, etc. of a name)
● St. for Saint (do NOT use for Street)
● v. for the names of court cases
○ Johnson v. Smith
○ Baker Corp v. McKinney LLC
○ State v. Thomas Gibson
● vs. for any other usage of "versus"
○ Who do you think would win in a hotdog eating contest of John vs. Mike?
○ The bridesmaid dress colors were down to indigo vs. lavender vs. jade.
When referring to attorneys, the spelling should be counsel, not council. Additionally, Counsel should be
capitalized when used in place of a name.
● Would Counsel present their arguments to the Court?
When a word is being spelled out, use a dash between each letter:
● Said "Jim, J I M"; transcribe Jim, J-I-M.
Capitalize words used in place of a person's name, UNLESS pronouns or articles precede the name.
● I'm sorry, Counsel. I misinterpreted your question.
● If Mom and Dad can help me raise bail, let me know. => used in place of a name.
● If my mom and my dad can help, let me know. => pronouns precede the name.
DO use caps when a job title directly precedes the person's name.
● I asked Officer Simmons if the officer with him was his partner.
● My name is Investigator Joe Bloggs.
DO capitalize Exhibits when referring to a specific exhibit. Lowercase if referring to exhibits generally.
● I'd like to show to the Court what's been previously marked as Exhibit 3.
● But that's not in the exhibits you showed us yesterday, correct?
Names of vessels, boats, rigs, and the like are written in all caps.
● COMANCHE, SERENITY, PERDIDO, etc.
Do NOT use caps when referencing a job description, not a particular person.
● Of course, he'll never be chief of police. => job description, not THE person.
● I'm going to refer this to the attorney general. => capitalized, this would refer to the US Attorney General.
● Have you spoken to the public defender yet? => job description, not THE person.
DO capitalize terms such as Log Number, Star Number, Badge Number, Employee Number, etc., when it is
directly preceding the actual number. If not, it should be lowercase.
● This is regarding Log Number 2021-1845.
● What's the log number for this case?
● The log number is 2021-1845.
● My star number is 4592.
● Officer Reagan, Star Number 4592.
Punctuation Rules
Follow standard punctuation rules for:
● Periods
● Question marks
● Colons
● Semicolons
● Hyphens
● Commas
○ DO use the Oxford (serial) comma: We went to get eggs, milk, bread, and tomatoes.
● Quotation marks
● Apostrophes
Do NOT use:
● Diacritical marks: fiancee, not fiancée
● Exclamation points
● The em-dash or en-dash. Use double-dashes when applicable. (See: False Starts and Repeated Words)
● A question mark after double dashes (But what were you--?)
Use a semicolon to separate the phrases for statements/questions followed by two or more words such as the
following:
● How long ago was that; do you know?
● You were inside the building; is that correct?
Use a comma to separate the phrases for statements/questions followed by a single word such as the
following:
● And that was the last time you worked there, in 2012, right?
● She'd never done that before, correct?
● I'm going to ask you a few questions, okay?
● At my first-- when I started my first-- I mean, I was at my-- it was my first job.
● I was-- was-- I mean, it was-- it was-- there was-- and-- and no one else was there.
Interruptions
Use a double dash at the end of a sentence to indicate an interruption. Likewise, use the double dash at the
beginning of a sentence to indicate that the sentence is being continued.
Long Paragraphs
Break up any long paragraphs. A good rule of thumb is 6-7 lines and no more. Subsequent paragraphs do not
require a Speaker ID, as per the example below. (In transcribing legal documents, small paragraphs are
preferred, broken at logical topic points.)
A
Yes, sir. As I approached the vehicle on the driver's side, I came up to the driver's window, which he rolled down. I
immediately detected the odor of an alcoholic beverage coming from within the vehicle. I observed the defendant's
eyes to be red and glassy in appearance.
He told me that he had a feeling this was going to happen. At that time, I did introduce myself. I explained to him the
reason for testing [inaudible] the stop, requested identification, a driver's license, to which he was unable to
produce. He said it was at his house.
Tags
NOTE: In this style, tags are formatted with [brackets]. Only parentheticals should appear with parentheses.
ONLY the tags listed below are allowed. Do not use [guess?], [silence], or any other tags.
[inaudible]
Use [inaudible] in place of speech you cannot make out due to the speaker's accent, poor audio quality, a noise
obscuring the words, or a term you couldn't figure out after researching.
A
We were looking at [inaudible] when we first noticed the problem.
[phonetic]
Use [phonetic] to mark words whose spellings cannot be verified by any reasonable means. Use only for the
first appearance in the session, immediately after the word and inside punctuation. Do not use the [phonetic]
tag again for that same word.
● Did you say the doctor's name was Dr. Hasemen [phonetic]?
Q
Where were you [sneezes]--
THE COURT REPORTER
Bless you.
MR. JONES
Thank you.
Q
Where were you when the incident occurred?
If the court reporter didn't acknowledge the sneeze above, then the transcript would simply look like this:
Q
Where were you-- where were you when the incident occurred?