Session Assistant - California Events

Key Differences in California 


In California, court reporters and stenographers do not perform the read on at the start of proceedings or call the record on and off, instead that responsibility is given to you, the videographer or session assistant. 

Occasionally you will come across a Vol 2 deposition - which means it is a deposition that is being resumed. You can confirm whether or not this is the case with the attorneys prior to going on the record.


Please note that in California, ALL parties must agree to go OFF of the record while only ONE party needs to agree to go ON the record. ALL parties must agree to end the proceeding.

Below is an updated script to help you introduce yourself, perform the read on, state the remote stipulation, and call the record.

Your Responsibilities:


  1. Review the notice using the “Notice Checklist”
  2. Change your Zoom display name to
    1. If videotaped “Filevine - Videographer”*
    2. If not videotaped - “Filevine – Session Assistant”
  3. Introduce yourself –
    1. If videotaped as the Videographer*
    2. If not videotaped as the Session Assistant
  4. Create breakout rooms
  5. Record attendance in the form
  6. Confirm with the attorneys whether this is an initial deposition or a Vol 2
  7. Collect and confirm accurate spelling of attendee names and emails
  8. Spotlight the witness before going on the record
  9. Open the proceeding, reintroduce yourself, and go on the record
  10. Prompt all parties to identify themselves
  11. Perform remote stipulation
  12. Prompt the Court Reporter to swear in the witness
  13. Monitor the proceeding while taking timestamps
  14. Call the record when requested or a break is taken
  15. Log read & sign/read or waive - Do Not Ask - This is handled by the CR
  16. Log orders - Do Not Ask - This is handled by the CRClose the record
  17. Mark event outcome and close out the script

*As a videographer it will be your responsibility to ensure that the video and audio are clear enough to be used in court. This means prompting the witness to stay in frame while on the record and addressing audio concerns.


Court Reporters Responsibilities


  1. Introducing themselves when prompted
  2. Maintaining and clarifying the record
  3. Collecting exhibits
  4. Providing readbacks
  5. Asking about read & sign (read/waive)
  6. Asking about orders

California Script

Attendance 

You can use the wording below as a reference for educating the attendees on what to expect (this doesn’t need to be verbatim when off the record).


"Good morning/good afternoon, I’m [Your Name] and I am the [Videographer or Session Assistant]"  (session assistant if they explicitly say no videographer)  "for today. Just to let you know, everything in the main room is being recorded for the duration of the session. However, breakout rooms are not recorded, so I would be happy to place you in a breakout room at any time when we’re off the record.


While we’re waiting, could you please share your email in the Zoom chat?"  (If counsel presses for an explanation or does not provide an email, state that we need it to send post-event documents).


"Thank you. Please let me know if I can assist with anything while we wait for everyone else to arrive."


If a breakout room is requested:


"Counsel, there will be a button asking you to join the breakout room now. If you need anything, you can leave the breakout room at any time to come to the main room and I’ll be here to assist."


CNA wait time:


Do not inquire unless considerable time has elapsed. It is the role of the court reporter/deposition officer to inquire.


Opening


Spotlight the witness on Zoom


Go on the record and open the deposition: Try to speak clearly and do not rush when on the record


The script:


"Good morning/afternoon, we are now on the record. Today’s date is [Day], [Date], and the time is [Time (PST)]. This is the" (Leave out if not noticed as videotaped)  "[videotaped] {Event Name} taken on behalf of the [Plaintiff/Defendent]in the matter of {Case Name} filed in the [Full Case Venue], Case number [Case Number]. 


This deposition is being held [Remotely/At Location Firm and Address if On-Site]. 


My name is {Your Name}, a {Jurisdiction} notary public, and I will be acting as the videographer for today’s proceedings. I work with Depositions by Filevine, which is located at 1260 E. Stringham Avenue, Suite 600, Salt Lake City, Utah, 84106.


Would all counsel please identify themselves for the record, spell their name, and identify the firm and party they represent?"


(parties identify themselves)


"For the record, do all parties stipulate to this deposition being conducted remotely (if applicable) and to me, acting as the videographer?"


(parties stipulate)


"Thank you, the court reporter will now introduce themselves and swear in the witness."


NOTE: The Court Reporter is now controlling the record and will perform any readbacks until a break is taken or the deposition ends.


Questioning


Monitor timestamps


If you take a break:


Going off the record must be upon the agreement of ALL parties

Going on the record only takes ONE party, at which point you must read them back onto the record if the reporter is ready.


The script:


"We are now OFF the record and the time is __________ (PST)."

"We are now ON the record and the time is __________ (PST)."


Closing


Must close upon the agreement of ALL parties.


The CSR should verify that no one else has any further questions. If the CSR does not do this, ask the parties if anyone has any further questioning.


If all parties are finished with their questioning and agree to go off:


The script:


"If there is nothing further, this concludes the videorecorded {Event name}. The time is [Time (PST)], and we are going off the record."

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