WORKING WITH TRANSCRIPT INDEXES

Do your reporters merge in the title, index, and appearance pages and you mark down the exhibit pages as you go along???

The question is a little vague, and I know that's what the reporter asked you - how do you handle it - yikes!

Well, here goes.

Cover, appearances, index, certificate, etc., they need to give you a sample (most likely just an old job) that you can make a shell from.

Make your shells and pop 'em in the proper places when you get a new transcript. I have a fax machine, and I get a fax with cover/appearance information, dogsheet for spellings. I then create an index when it's all done and pop in the reporter's certificate at the end. In the case where fax isn't available, the reporter will need to send the cover and appearance pages already filled in. If they are mailing tapes, they can send the info too.

As far as indexing goes, my software (2001) will automatically create one - called autoindexing. There are codes I use and mark along in the transcript, and then I create it at the end. Time consuming the first couple of times, but a great time saver once you're used to it.

If your system doesn't have autoindexing (most do, though) perhaps placing ** or some other mark where exhibits are marked or other info that needs to be in your index, direct exam, etc. Then when you are finished, you can go to each star and write it down, if you haven't already done that along the way as you're working, or confirm what you've written down as being the correct pages, then fill in your shell. Don't forget to delete your tag marks! [g]

I hope this has answered your question, or part of it.

I had a reporter ask me how I handle the exhibit issue, index, and referencing

Let's assume this is not a brand-new reporter. If it is, it's not fair for you to have to train her, so you might want to pass on this one (since you're new too). But assuming this reporter has produced transcripts before, ask her to give you a completed job so you can see the format she uses for the index page. Depending on the agency/state/county requirements, this might be a format you must follow precisely or it may be whatever the reporter likes.

Typically in a deposition, exhibits are marked for identification only. In a trial or hearing, they are marked for identification, offered into evidence, and then received/admitted into evidence (or not). So at each point in the transcript at which those things occur, and the attorneys will say, for the record, that's what's happening, there should be a parenthetical to indicate that. For example:

MR. JONES: I'd ask the court reporter to mark Plaintiff's Exhibits 1 through 3.
(Plaintiff's 1 through 3 marked for identification.)

Then the attorney will ask the witness questions about the exhibits, followed by:

MR JONES: I will now offer Exhibits 1 and 2 into evidence.
(Exhibits 1 and 2 offered in evidence.)
THE COURT: Any objections from the Defense?
MR. SMITH: No, your Honor.

Or he may object to one or both.

THE COURT: They are received.
(Plaintiff's Exhibits 1 and 2 admitted in evidence.)

So what I do is just make a note on a piece of paper: P1 M,O,R; P2 M,O,R; P3 M. Then when you're all done, go back and fill in the index (which sometimes includes descriptions of the exhibits) and fill in the page numbers.

Some reporters don't have the scopist do this as they don't want to pay for those additional pages. Some scopists charge a higher page rate for doing index pages. Some reporters use the auto-indexing feature of their CAT system which automatically generates an index, so none of it has to be manually typed in.

If you didn't understand what the reporter was asking, ask her to explain exactly what she meant so you can give her the answer she's looking for.

Most of my work involves either court proceedings or depositions and oftentimes exhibits are "marked," which means assigned a letter and number. Using the letter and number designations is much simpler than describing the document when it is referred to throughout the remainder of the day's work -- and at subsequent hearings on the same subject. We track these designations and their status for trial court work (meaning either for identification or in evidence). The index for deposition work also includes: Markings for rulings by the Court where two attorneys cannot agree on a particular question or area to be queried about; a list of documents either side wishes to be produced at a later time; and a list of page and line numbers where an attorney has given the witness being deposed an instruction not to answer a particular question.