Practical Tips for Daily Copy -Anthony D. Frisolone
Anthony D. Frisolone
FAPR, RDR, CRR, CBC, CRI
Official Court Reporter
U.S. District Court, Brooklyn, New York
� Every court reporting staff handles daily copy differently. Procedures can vary from county to county within a state, or from district to district.
� Do you work in a pool of reporters with a reserve of reporters able to help you?
� Is there an assignment system in place to handle daily copy?
� Do you work for one judge?
� Can you get help if daily copy is ordered.
� Most trial attorneys view daily copy as a necessary and valuable tool during trial.
� The like having the transcript immediately available.
� Many have come to depend on it.
� Others view daily copy as an unnecessary expense.
� Budgetary reasons.
� They have to account for expenses – insurance company or a client.
� How do you sell it to counsel?
� The transcript is a valuable tool to prepare upcoming witnesses.
� Why rely on your notes when you have the transcript.
� Decreased waiting time when the transcript is used for post-trial briefing preventing unnecessary delays or incurring unnecessary expenses.
� Speeds up the appellate process.
� Convenient for Judges and Law Clerks.� Decreased waiting time for juries who need testimony read back.
� Helps confirm what was said and clears up memory lapses.
� Certified copy in hand.
� Daily copy helps confirm what exhibits have been admitted.
� Allows chambers staff to have the transcript readily available as reference tool in post-trial proceedings.
� Have a paragraph included in the pretrial order giving your information to the attorneys.
� Success starts with the right information.
� The caption and the appearances.
� Use other information sources to build a glossary.
� Past deposition transcripts, grand jury transcripts.
� Job dictionary from previous proceedings.� PACER/ECF.
� State court electronic database.
� Courthouse file room.
Practical Tips for Daily Copy -Anthony D. Frisolone
� Obtain witness and exhibit lists in advance.
� Call the attorneys.
� Sometimes they’re hard to obtain.
� Especially in criminal cases.
� Some judges have a paragraph requiring counsel to supply the reporter with a glossary.
� Try to get these lists in an electronic format.
� Easier to distribute to others.
� What is your support system?
� Alert your scopist a few days in advance.
� Do you have a scopist?
� Where to find a scopist.
� Scopists.com; Facebook; LinkedIn; DepoMan; NCRA Forum.
� How will you get the transcript to your scopist?
� File sharing programs.
� Send This File.
� Dropbox.
� Works great with Work Units (Case CATalyst).
� Eclipse has Connection Magic.
� Find out if another reporter or reporters can assist you with the trial.
� If that’s a possibility, and you get commitments, make a schedule of who will be helping you.
� Do this for every day of the trial.
� At the beginning of the week or the Friday before the trial.
� Avoids confusion and everyone knows what they’ll be doing each day.
� Have phone numbers handy in case of delays or emergencies.
� Put them on paper and in your phone.
� Use a “Tally Sheet” to keep track of pages.
Practical Tips for Daily Copy -Anthony D. Frisolone
� Sticky notes can be your best friend.
� Helps remind you of the next day’s starting page number and anything else you feel is important.
� There are electronic sticky notes, too.
� Cnet.com� http://download.cnet.com/Post-it-Digital-Notes/3000-2351_4-10060027.html
� Have the parties sign an order form � Get a deposit from the ordering parties.
� Check or credit card.
� If public defender or CJA counsel, get prior approval from the judge.� If not, have them state it on the record before the trial begins.
� Consult your court reporter’s manual on the rates to be charged.� For daily/immediate transcripts – hard copy and/or electronic copies; condensed transcripts and word indexes.
� Realtime rates.
� Schedule a meeting with members of all trial teams if possible
� And talk to the reporters who will be assisting you.
� A few days before the trial.
� So everyone is still calm and can think rationally.
� Advocating for the service.
� Counsel may not know about the advantages of receiving a realtime feed.
� Realtime is an instantaneous and searchable record of the proceedings.
� Attorneys can make electronic notes in the software.
� Attorneys can make sure all their points were covered with the witness.
� Instant impeachment of a witness.
� Ask the following questions:
� Is counsel bringing their own computer?
� Do they want you to provide the computers/tablet computers?
� If counsel is providing their own...
� Confirm realtime receive software is loaded.
� If not, make sure computer is not locked down.
� Disable any virus protection.
� Make sure you know how to load the RT receive software or run it from a flash drive.
� Test out the realtime on the laptop counsel will be using for the trial.
� Find out if counsel have their own cables if they receive realtime serially.
Practical Tips for Daily Copy -Anthony D. Frisolone
� Have a few USB-to-serial cable handy.
� Possibly a spare laptop or two.
� If counsel has their own computer, make sure counsel has the password for the laptop to avoid panic.
� Establish contact with a person from each law firm.
� Have a central point of contact.
� Get e-mails to find out who will be receiving the transcript every night.
� Create a distribution list in your e-mail account
� Speeds up sending the transcript at night.
� Realtime - Wired or Wireless or both?
� Check courthouse security policy.
� Some courts prohibits wireless RT for security reasons.
� Do you have the proper cables and/or router?
� Talk to your vendor and discuss your possible needs.
� Never rely on the attorneys to be prepared.
� Remote/streaming realtime.
� Remote Counsel, LiveNote Stream. CaseViewNet Cloud.
� Get an order from your judge allowing the parties to have this.
� You may have to explain what it is and why it is needed to the judge.
� Communicate with the vendor to set up streaming RT.
� Streaming is also good for multiple, multiple connections.
� What if realtime is not available?
� Offer immediate copy instead.
� Delivery of the final transcript two hours after the end of the court day.
� Delivery of morning session before the afternoon session?
� Things to consider.
� Shortening the turns between reporters to ensure keeping of deadlines.
� If using a scopist, you may want to have a second scopist to keep deadlines.
� In that case, have scopist 1 do the odd takes and scopist 2 do the even takes.
Practical Tips for Daily Copy -Anthony D. Frisolone
� Condensed transcripts.
� 4 in 1 is the preferable format.
� Lightens the attorneys’ load.
� Word indexes.
� Master index.
� Compilation of all witnesses and exhibits for the entire trial.
� Helps locate witnesses quickly and speeds up readbacks to the jury.
� CAT software and third-party programs can do all of these.
� On the day of the trial, create a paper seating chart.
� Make it large enough to be seen.
� Keep track of who relieved each other.
� Use a clipboard to pass off to each other.
� Makes merging transcript files easier to do.
�Use a chart such as this:
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� Find out what the trial schedule is going to be.
� Full or half days?
� Any days off?
� Working past 5:00 p.m.?
� Starting earlier?
� This all should be outlined in the pre-trial conference.
� Unexpected things can happen.
� Jury Selection.
� Will the judge do it?
� Will a magistrate do it?
� If your judge does it…
� Will you report the voir dire alone or with your fellow reporters?
� Is the voir dire reported?
� If the magistrate does it…
� Find out who will be reporting it?
� Is it reported?
� Find out if the attorneys want a transcript of the voir dire.
� If it’s a high-profile case, voir dire may be ordered.
� Capital cases.
� High-profile civil cases.
� Daily copy/realtime is an excellent tool for jury consultants during voir dire.
Practical Tips for Daily Copy -Anthony D. Frisolone
� Switching reporters.� Establish a protocol of how reporters will relieve each other.� At the mid-morning/mid-afternoon break.
� Morning and afternoon sessions.
� The “Silent Switch.”
� The “Silent Switch.”� The reporter takes over on the question.
� With a nod of the head or a tap on the shoulder.
� Communication
� Establish who the parties can contact if you can’t be contacted.
� If there’s an issue that needs to be addressed.
� Establish a second person from each side to contact.
� Four questions.
� To whom will the transcript be delivered.
� In what format?� PDF, PTX, ASCII, hard copy.
� If hard copy, full-sized or condensed?
� By when?� For daily, 9:00 a.m. For immediate, by 7:00 p.m. or two hours after the close of the proceedings.
� And where will the full-size version be picked up or delivered.� At the courthouse or the attorneys’ offices.
� Find out what’s in store for the next day.
� Starting time change.
� Hearings in the middle of the trial.
� Will there be a calendar call before the trial day begins.
� Decide who will cover the calendar call.
� Usually the principal reporter handles the calendar call.
� Merging the transcript.
� Delivery of the transcript.
� Merging the transcript.
� Do you know how your CAT system handles this function?
� If working as the assisting reporter, do you know how to produce an RTF file if needed?
� Will each reporter print out their portions and then merge them at a central location in the office.
� Create a distribution list for e-mails.
� Sending out the transcript with just a couple of clicks.
� Printing – is your printer fast enough?
� Does the day really end?
� Some trials can last weeks, even months.
� Make sure to take care of yourself.
� Eat right. Keeps healthy snacks around; drink lots of water.
� Get some sleep. Helps with concentration.
Practical Tips for Daily Copy -Anthony D. Frisolone
� Using a “Tally Sheet” to keep track of pages.
� Do this as you’re merging the files together.
� One less thing to do at the end of the week.
� Don’t go beyond a day or two of not tracking pages.
� Speeds up the invoicing process.
� Give copies to each of your assisting reporters so they have a record of the work they did.
� If it’s a long trial - more than 2 or 3 weeks - give the attorneys a bill at the end of the week for each week of trial.
� Some attorneys will ask for a bill at the end of the week.
� If they pay by credit card, be aware that there are fees associated with credit card payment.
� Create a folder on your computer or Dropbox of all PDFs, ASCIIs, RTF files.
� File access anywhere.
� Two ways:
� Each reporter signs a certification and attaches it to t the end of the transcript.
� No certification.
� Consult court reporter’s manual for clarification.
� All reporters’ names on the cover page of the transcript.
� Footers identifying each reporter’s section of the transcript.
� For errata purposes.