Deposition transcripts are a vital part of the modern judicial system. Each jurisdiction can have its own rules as to how these transcripts are handled. If your case is governed by Nevada’s procedural rules, it is important to know how to preserve your deposition transcript.
First, there may be some statutory differences as to how court reporters work in Nevada as compared to elsewhere. For instance, per NRS 656.315 court reporters may administer oaths without being a notary. Second, the manner by which a deposition may go “off the record” is also regulated.
[A] court reporter who provides services as a court reporter shall treat all words spoken during a proceeding to be on the record and shall accurately report all words spoken during the proceeding. This subsection does not apply if the judge or arbiter presiding over the proceeding instructs otherwise and if each party to the proceeding or the party’s attorney stipulates otherwise. Except as otherwise provided in Rule 30(d) of the Nevada Rules of Civil Procedure, during the proceeding, if a party or his or her attorney instructs the court reporter to go off the record, the court reporter shall stop reporting unless another party or his or her attorney makes an immediate objection to the instruction.
I asked Esquire Solutions to sponsor this post because this regulation arose, in part, from the experience of an Esquire court reporter. During a deposition, an objecting attorney demanded the reporter stop writing and the deposition be suspended. This could have been consistent with NRCP 30(d). The other attorneys present, however, were apparently not up to speed on NRCP 30(d) or had other concerns because they argued that the reporter must continue writing. The reporter stopped reporting; however, was concerned whether that was appropriate.
Esquire recognized the potential uncertainty of this situation. It worked with the Nevada State Board of Certified Court Reporters to offer clarification. The result was an amendment to NAC 656.350(1) clarifying the court reporter’s duties and adding the exception to the existing regulation.
I firmly believe nothing is more important in a deposition than the transcript. Know the rules so you can protect it and yourself.