In some states, deposition shorthand (steno) is regulated and limited to people certified with the aging technology and/or registered. Our company did deposition shorthand for decades, but we moved on in 2021 because it’s no longer necessary. Steno was needed and extraordinarily helpful back when people and machines couldn’t keep up with spoken testimony. In this era, it is holding litigators and their clients back.
To reach confidence, please examine Rule 30(b)(3)(A) – Method of Recording of the Federal Rules of Procedure. It clearly describes Alternative Means for capturing the record and specifically allows for the deposition to be recorded by audio. Among other helpful deliverables, Readback provides a certified† on the record audio recording of each deposition which can serve as the official record under alternative means, even if a transcript were to be challenged.
Additionally, Rule 29 of the Federal Rules of Civil procedure allows the parties to stipulate to the manner This rule gives parties broad flexibility to agree on the method, manner, and person conducting the deposition, including the use of non-traditional or non-stenographic approaches, such as digital court reporting or Readback’s Active Reporting model.
Many state jurisdictions have equivalent rule 29 and 30 which allow for alternative means and methods of conducting a deposition. Each jurisdiction must be reviewed for these and other factors.
Just to be clear and transparent, Readback recommends that our method of capture be included in each notice, and we recommend a stipulation be included in the record.
Questions? Chat with our Chief Legal Officer, Dean Whalen, Esq.