Aptus Court Reporting Sponsors Make-a-Wish Golf Classic

Benefitting Make-A-Wish Foundation San Diego

For the eighth consecutive year, Aptus Court Reporting was a proud sponsor of the Annual Golf Classic, benefitting Make-A-Wish Foundation San Diego. The work that MAW is doing to enlighten the lives of children with critical illnesses is unmatched, and it is a pleasure to do whatever we can to help fund these wishes and provide awareness for all the great work being done.

“Thank you Aptus! We are incredibly grateful for the ongoing support provided by Aptus Court Reporting. Your dedication to making wishes come true helps ensure that every eligible child is able to receive their wish without delay.” ~Make-a-Wish San Diego Staff Member

Make-A-Wish San Diego grants the wishes of children with critical illnesses in San Diego and Imperial Counties. Since its inception in 1983, the San Diego chapter has granted thousands of wishes to children in our community and celebrated granting its 5,000th wish just this year. 

View a video of the 5,000th wish being granted – Eric’s Wish Day Video – YouTube

In the coming year, the organization anticipates granting over 250 wishes for local children. At Make-A-Wish San Diego, the goal is simple: to come into a child’s life during a difficult time to provide hope and a much-needed break from the daily challenges they are forced to face.

To learn more about Make-A-Wish San Diego, visit us online at www.sandiego.wish.org or call us at (858) 707-WISH.  For information on Make-A-Wish in other markets, visit www.wish.org.

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Aptus Court Reporting Expands With New Hires Paul Hilts and Stephen Silveria

Aptus Court Reporting adds two industry veterans to its business development team.

SAN DIEGO – Aptus Court Reporting today announced the hiring of Paul Hilts and Stephen Silveria as Directors of Business Development in Orange County and San Diego, respectively. In their roles, they will drive new account acquisition and relationship management with law firms and legal departments throughout Southern California.

“We are elated to have both Paul and Stephen joining our business development teams at this key point in the history of our company. Paul has nearly 20 years’ experience with deep relationships in the legal community and will be invaluable in his role with the team,” said Aptus CEO Derek Berg. “In addition, with more than a decade of experience in the industry, Stephen brings an unmatched passion and consultative approach to helping clients meet their litigation needs. We are confident that their tremendous skills and experience will further position us for unprecedented growth.”

Prior to joining Aptus Court Reporting, Paul worked as an account executive for Veritext Legal Solutions. His career also includes work at other organizations including Integrity Legal Corp., Merrill Corporation, and IKON Document Services. An Orange County native, Paul was born and raised in Southern California and continues to reside in the region.

Stephen joins the Aptus Court Reporting team after having spent the past several years in key positions with Veritext Legal Solutions and Litigation Services LLC. Originally hailing from Boston, Stephen has embraced SoCal as his home and looks forward to a continued long and successful career here.

These two new hires are the latest in a string of other hires the company has made over the past year, not only in sales, but across other key business areas including operations, marketing, and resourcing. “It’s not lost on us how devastating the pandemic was to many individuals, companies, and industries,” said Berg. “We are grateful to have experienced exponential growth and will continue to think strategically and remain client focused as we look to continue and sustain our company success.”

About Aptus Court Reporting

Aptus Court Reporting is a full-service court reporting firm and a leading provider of court reporting services and litigation technology. With headquarters in San Diego, CA, and offices throughout California, Aptus provides a one-stop solution for deposition and trial needs with services including court reporting, transcription, videography, deposition technology, world-wide conference rooms, and more. For more information about Aptus Court Reporting, visit www.AptusCR.com.

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How to Use Electronic Evidence Effectively

Over the last several decades, electronic communication technologies have revolutionized every aspect of our daily lives, from how we do business to how we meet new friends. The increased use of these technologies has led to questions about how electronic evidence can be used in court. While attorneys can use digital evidence as primary evidence in court, understanding how to use this evidence effectively requires understanding the California Rules of Evidence. Read on to learn more about electronic evidence and how to present electronic exhibits in court.  

What Is Electronic Evidence?

Electronic evidence is any electronically stored information used as evidence in a trial or lawsuit. Types of electronic exhibits used in court include the following: 

  • Documents, 
  • Emails, 
  • Text messages, and 
  • Other files that are stored electronically, such as spreadsheets.  

Electronic exhibits must adhere to the same rules and meet the same requirements as other types of evidence, including satisfying authentication, relevance, and hearsay rules. 

How to Present Electronic Exhibits in Court

At the state level, California creates several obstacles that a piece of electronic evidence must overcome to be admitted. 

Authentication

The first major issue in the presentation of any electronic exhibits is authentication. California Evidence Code Section 1400 provides that any evidence, including electronic evidence, must be authenticated. Authentication establishes that the piece of evidence presented is what it claims to be. If a piece of evidence cannot be authenticated, it will be inadmissible. There is no requirement to prove the genuineness of the evidence, but it must be authenticated. 

Relevance

California Evidence Code section 210 provides that all evidence must be relevant to the facts or issues of the case. Relevant evidence means, “evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.” Section 350 of California’s Evidence Code permits the admission of only relevant evidence. A court deems digital evidence relevant if it makes a fact more or less probable than it would be without the evidence, and the fact the evidence addresses is of consequence to the determination of the action. If the evidence presented is not relevant to a fact or issue in the case, it is inadmissible. 

Hearsay 

California Evidence Code Section 1200 defines hearsay evidence as “evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.” While there are several exceptions to a raised hearsay objection, hearsay can be a challenging obstacle to overcome. If a piece of evidence does not qualify for a hearsay exclusion or exception, it will be inadmissible if it is being offered to prove the truth of the matter. 

Secondary Evidence Rule 

In the event an original document cannot be located to submit as evidence, California Evidence Code section 1521 permits that the content of a writing may be proved by “otherwise admissible secondary evidence.” When it comes to electronic evidence, an attorney may overcome this issue pursuant to California Evidence Code Section 750 if someone with personal knowledge of the writing verifies the content of the digital evidence presented. 

Contact Us 

With decades of combined experience in the litigation support business, Aptus Court Reporting provides a one-stop solution for your deposition and trial needs. We provide you with a nationwide network of accomplished staff, reporters, and videographers who can handle all of your needs from start to finish, in person, online, or over the phone. Contact Aptus Court Reporting today to find out how we can assist you.

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3 Pitfalls to Avoid in Taking an International Deposition

Conducting an international deposition can be tricky. But when you avoid key pitfalls, you can be confident you will get the testimony you need for your case. 

  1. Assuming a U.S. Deposition is Legal in Other Countries

The most essential step in organizing any international deposition is to find out whether you can legally hold a U.S. deposition in that country. Many countries have prohibitions or restrictions on depositions. For example, a deposition in China can be particularly difficult to perform because China does not allow foreigners to take depositions. A deposition in Japan must take place at a U.S. embassy or consulate. Additionally, Japan requires attorneys traveling for a deposition to obtain a special deposition visa. 

Because restrictions on depositions vary so much by country, you will have to conduct country-specific research to determine the applicable procedures in the country where your witness is located. The U.S. Department of State website is a great resource for finding out this information and can give you a quick overview of the official rules before you schedule a deposition.

  1. Failing to Consider Whether the Country Is Part of The Hague Evidence Convention 

The Hague Evidence Convention allows you to enlist the help of a foreign court to compel the deposition of an overseas witness in countries that are parties to the agreement. Fifty-seven countries are parties to the Hague Evidence Convention. Thus, another essential step when planning a foreign deposition is determining whether the country where your witness is located has signed on to the Convention. 

To use the Convention, you must start by asking a U.S. court to issue a letter of request seeking the deposition of your overseas witness. The letter of request must follow a specific format, found in Article 3 of the Convention, but it is very straightforward. The benefit of the Hague Convention is that foreign courts are generally obligated by the Hague Convention to carry out a letter of request. 

  1. Failing to Book a Local Court Reporter, Interpreter, and Videographer Early

At the very least, working with a local, certified and professional court reporter, videographer, and interpreter can help reduce travel costs. More importantly, you’ll be working with people who understand the culture of the country where you will be conducting your deposition. Professionals who are familiar with local communication norms and styles can help you more successfully navigate an international deposition. Working with local professionals will help ensure your team has the requisite cultural sensitivity and cultural competence to avoid offending the officials, attorneys, and witnesses you are interacting with. It is extremely important to plan as early as possible so that you can hire the right personnel. Remember that you might also need the services of a deposition translator. Give yourself ample time to research and schedule the professionals you need to help make conducting your foreign deposition easier.   

Avoid Pitfalls with Aptus Court Reporting

With decades of combined experience, Aptus Court Reporting has been helping attorneys conduct successful depositions across the country. No matter where your cases take you, Aptus is a valuable resource to leverage along the way.  Contact us online or by phone at 866-999-8310.

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What to Avoid During a Remote Deposition

With the emergence of new technologies and circumstances that prevent groups from gathering physically, options for legal proceedings have changed dramatically. If you are a litigator, you have likely already participated in remote trials, remote mediations, or even remote depositions. 

Remote legal proceedings can provide much-needed convenience to a busy attorney’s schedule, but they are not without their drawbacks. Please read on to learn what to avoid during a remote deposition and how our sophisticated suite of trial support services at Aptus Court Reporting can help you.

Being Disorganized with Your Exhibits

Do you want remote technology to help and not hinder your legal work? If you do, sometimes you need to be more organized than usual. This can be especially true when it comes to your exhibit packages for a deposition. 

Many attorneys opt to deliver digital exhibit packages to opposing counsel and deponents for remote depositions. This can streamline the process and cut costs. However, you must make sure that your digital packages are functional, easy to follow, and properly labeled before submitting them. 

You can keep your electronic exhibit packages organized by placing well-labeled bookmarks in the document. To make sure the bookmarks are easy to follow, practice accessing them while reviewing your deposition outline. If the deponent is your client or witness, have them practice navigating your package while you ask questions. 

Neglecting to Explore Your Technological Options Beforehand

Many remote deposition platforms and services have several technological features you can use to your advantage. For instance, if you are conducting a zoom deposition and a deponent cannot locate an exhibit from your electronic package, you can share your computer screen with the deponent to show them where you are. It is crucial to identify technological features like this and make sure you know how they work before you begin a deposition. This way, you can cut down on tense moments in an already adversarial proceeding. 

Also keep in mind that, in general, court reporters are to preserve only the spoken record. In their written record, a reporter does not typically include descriptions of a deponent’s behavior or demeanor. But if you need this information, you can hire a videographer to capture nonverbal conduct during a deposition. 

Being Unprepared for Technological Glitches

You might already have a tried-and-true method for conducting test runs of your deposition. But have you taken the time to conduct a test run with your remote deposition technology?

Testing your technology before remotely deposing a witness can help you avoid a number of serious issues, such as the appearance of unlawful witness coaching. How can technological glitches increase the likelihood of this issue? 

Consider the following example: Imagine an attorney’s witness has an unexpectedly poor internet signal during a deposition, and the witness’s responses are constantly interrupted by buffering. This can quickly fluster an attorney and a witness who did not prepare for the issue. 

After an interruption, an attorney might need to resubmit their question multiple times to get a clear record of the witness’s answer. And in re-asking their question, an attorney might be tempted to summarize what they were able to hear clearly from the witness. Opposing counsel could perceive this as unlawful coaching. If opposing counsel perceives unlawful coaching, they could request that a tribunal impose sanctions that prejudice a client and harm an attorney’s credibility. If you practice your deposition while using your remote technology, you can determine what technological issues you are likely to encounter. You can also develop a strategy for addressing glitches without risking your case’s integrity.

We Provide Full-Service Litigation Support for Your Remote Needs

Do you need a certified court reporter, remote court reporting, or legal transcription to aid you in your next deposition? We have the tools to help you at Aptus Court Reporting. We deliver state-of-the-art services for conducting effective remote depositions, including digital screen captures, videography, streaming text, and document sharing. We can also offer you case management services that include top-of-the-line customer service. Please call us at 866-999-8310 for more information.

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7 Tips for Choosing a Court Reporter

stenographer at work

An attorney has many choices when it comes to choosing a court reporter. Here are our tips for choosing the best court reporter for your case’s needs.

1. Choose a Certified Reporter

Court reporters go through extensive training before becoming certified. When choosing a court reporter, it’s important to consider the type of training the reporter underwent as well as whether they passed the three-part licensing exam. The most reputable court reporters attend a state-approved school, requiring three to four years of training, and hold memberships in professional organizations. 

2. Choose an Experienced Reporter 

What does a court reporter do? is not as simple a question as attorneys may think. Some court reporters handle only trials, while others only have experience at depositions. When choosing a court reporter, it’s important to confirm the type of services a court reporter provides. Ask the reporter if they have a preference and determine whether that works for your particular case. At Aptus Court Reporting, our Calendar and Client Services team brings over 35 years of commitment and attentiveness to your deposition calendar. We provide not only trial and deposition services, but dedicated case management, online scheduling, and location research. 

3. Choose a Reporter with Industry-Standard Fees

Some court reporters charge a rate per page, while others charge appearance fees. These costs vary depending on the region or state and on the types of services provided. Keep in mind that additional services may be included in the fee. For example, a freelance court reporter may charge the lowest rate per page, but you will not have the benefit of case management, online scheduling, or a complimentary space to prep a witness or hold your deposition. 

4. Choose a Reporter with Flexible Availability

Having a court reporter who can be available after business hours or provide expedited services is invaluable. It is reassuring to know the reporter will be available whenever you need them. Larger court reporter companies, like Aptus, have a plethora of reporters ready to serve their client’s needs and, consequently, provide unmatched availability. 

5. Choose a Reporter That Uses Technology Effectively

Electronic exhibits, remote depositions, streaming text, document sharing—technology is used in all aspects of court reporting. In this day and age, you must choose a firm that can keep up with changing times. At Aptus, we are at the forefront of litigation technology. We provide free and instant access to an online case portal and online management of calendar settings, transcripts, exhibits, and invoices—plus personal technical assistance. We use industry-standard software like Aptus Capture, vTestify, and LiveLitigation to provide the most up-to-date services.

6. Choose a Reporter That Goes Above and Beyond

With a complex case, your firm may need a wide array of deposition locations. Perhaps you need more than one conference room. Aptus provides complimentary mediation and trial conference rooms to cover your deposition or hearing. We also provide a Client Services Team that can help research locations if your case requires out of town depositions, leaving more time to focus on litigation. 

7. Choose Aptus Court Reporting

Many large and well-respected firms regularly use Aptus’ services for their court reporting needs. Recently, we were able to assist with the presentation of hundreds of pieces of evidence for a bench trial within a few hours time. If we can handle the complex cases, rest assured we can handle any case. Call Aptus today at 866-999-8310.

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Five Essential Tips for Deposing a Witness

people in a conference room

A deposition day can be just as significant as a trial day. Deposing a witness can help an attorney unearth information that guides their strategy or secure dispositive evidence. But there is no reason to be overwhelmed by this vital litigation tool. There are several deposition preparation steps you can take to help ensure you conduct a successful deposition. 

1. Be Clear About the Scope of Your Deposition

As the United States District Court for the Northern District of California notes, a deposition’s purpose is to aid you in discovering more evidence for your case or help you preserve witness testimony. But don’t stop at concluding whether you need a deposition for discovery or testimony; you also need to decide what specific information you will seek from a deposition.

Once you determine your specific deposition needs, completing the remainder of your preparation becomes easier. If you know the scope, you know what questions to ask and how to manage your exhibits.

It is also helpful to be clear with opposing counsel about the scope of a deposition (without unnecessarily exposing your strategy). If you and opposing counsel understand the purpose of a deposition, there should be less opportunity for irrelevant objections and frivolous questioning.

2. Review Interrogatory Responses and Other Discovery and Evidence You Already Have

If you already have discovery from opposing counsel, review it before and after you establish the scope of your deposition. You should also evaluate the evidence you have from your own investigations. Knowing what evidence you currently have helps you refine your questions and save time and money during the deposition. 

3. Make a Checklist of the Questions You Want to Ask and the Questions or Objections You Anticipate from Opposing Counsel

Even the best practitioner can become distracted during a deposition. Sometimes technology fails, witnesses give unexpected answers, or the other attorney challenges you more than you anticipated. By keeping a checklist of the information you need and noting each time you receive what you need, you can keep yourself calm and on task.

When your checklist includes questions and objections you anticipate from opposing counsel, you are more aware of what can go wrong and how to adapt. Your deposition checklist can also be a useful precursor and study tool for your trial preparation checklist.  

4. Prepare Your Witness

Whenever you are taking testimony from your client or another witness, witness preparation is key. Not only do you want to go over your prepared questions and the scope of the deposition with your witnesses, but you also want to make sure your witness knows what to expect.

A deposition can be odd to a layperson. There is no judge present, and you are not in a courtroom. Your witness might observe you and the other attorney make several objections that receive no response and have confusing discussions about going off the record. This can quickly fluster the average witness and affect the quality of their testimony. To combat witness confusion, speak to them thoroughly about what happens during a deposition and what is expected of them when there are objections or exchanges about going off the record.

5. Choose a Good Location for the Deposition

A comfortable and professional setting for your deposition can make a world of difference to your outcome. A deposition room equipped with the proper technology for deposition recording and other tools you will need is an important asset. Depositions are stressful enough, so you don’t need the strain of an inadequate deposition location to hinder your goals. At Aptus Court Reporting, we can secure a deposition room that is ideal for your needs. This service is free of charge if you set your case with us.

Our Litigation Support Tools Have You Covered

You can find the deposition support you need at Aptus Court Reporting. Our pool of talented and reliable California court reporters can create clean and accurate records for your litigation purposes. We also provide top-notch technology for presenting evidence, conducting remote proceedings, and managing your case. Call us at 866-999-8310 to help with all your case preparation needs.

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Code of Ethics & Professional Integrity for Court Reporters: All You Need to Know

Code of Ethics with Court Reporters

The production of transcripts of legal processes is the principal responsibility of court reporters. It includes both in-court hearings and out-of-court depositions. However, the output of correct transcripts is insufficient; there are other ethical issues that court reporters need to consider to preserve the honor of their profession and stay compliant. This article explains how accountability for professional integrity for court reporters is so critical to the legal process.

The Importance of the Court Reporter’s Role

The court reporter has to ensure the accuracy and integrity of the legal process as the official record-keeper of court proceedings. They are trained professionals who use specialized equipment to record everything said in court verbatim. 

Court reporters also ensure accurate records by using their specialized skills to produce documents written with clear words and sentences. When lawyers or judges make decisions about cases utilizing the information they heard during hearings, they need clear and readable records.

The National Court Reporters Association (NCRA) Sets Standards for Court Reporters

The NCRA is a professional association for court reporters in the United States. The NCRA promotes integrity, ethics, and professionalism among its members. The NCRA has a code of conduct that should be adhered to by all members. 

This code includes standards for ethical behavior, such as honesty, fairness, and respect for others. Violating the code of conduct can result in disciplinary action from the NCRA, including expulsion from the organization.

Capturing and Maintaining an Unbiased Record

Court reporters play an essential role in any legal system by providing an accurate record of proceedings. To maintain the integrity of this record, court reporters must adhere to a strict code of ethics. This code includes principles such as honesty, impartiality, confidentiality, and accuracy. A court reporter should also be able to listen well, understand English grammar, and take notes accurately and quickly.

Remaining Impartial

Court reporters must be impartial, meaning they cannot have any personal stake in the proceedings’ outcomes. They must also report on proceedings objectively, without any personal biases or opinions getting in the way. Additionally, court reporters must keep confidential information confidential. It includes not only information presented in court but also the information they may learn about the parties involved outside of court.

Avoiding Conflict of Interest

A conflict of interest exists when a court reporter has a financial or personal interest in the outcome of a proceeding. For example, a court reporter should not accept gifts from attorneys or litigants involved in a case. Additionally, court reporters should not socialize with attorneys or litigants outside of work. If you are friends with someone involved in a case, it is best to disclose this information to the attorney or judge overseeing the proceedings.

Safeguarding Transcript

Court reporters are responsible for safeguarding the accuracy of transcripts, that is, adhering to a strict code of ethics and maintaining the highest standards of integrity. Court reporters must also be impartial and objective in their work. To ensure the accuracy of transcripts, court reporters must be competent in their skills and knowledge. They must also be able to keep up with the ever-changing technology to produce accurate transcripts.

Maintain Confidentiality

You will often access sensitive information when working as a court reporter. It is essential to maintain confidentiality and not share any information you are not supposed to. The best way to do this as a reputable court reporter is to keep a professional attitude and be discreet when discussing cases with others. If you are ever in doubt about whether or not you should share something, be cautious and don’t speak up.

Aptus Court Reporting provides the most talented and trustworthy services with expert court reporters, personalized attention, and full-service court reporting coverage.  Please get in touch with us to handle your case. And if you’re an experienced court reporter with top-notch integrity and expertise, talk to us too; we’ll help you put your prowess into meaningful practice.

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The Aptus San Diego Office is Moving – August 1st

Aptus CR Downtown San Diego

We are eager to announce that on August, 1, 2022 our Aptus San Diego office will relocate to a new location at 401 W. A Street, Suite 1680, San Diego, CA 92101. 

Our new office affords us the ability to better serve our loyal customers and streamline the work we do with our valuable business partners. We look forward to continuing to serve your needs from our new location.

With over 35 years of combined experience in the litigation support business, Aptus provides a one-stop solution for your deposition and trial needs.

Questions?  Contact us at 866.999.8310 or via Email.

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Five Reasons to Consider Video Depositions Now

There is no doubt the world we live in today is video-driven. It exists everywhere there is human activity. The legal field is no exception. Most attorneys today rely on video depositions as an effective tool to make their work easier.

Video depositions play a significant role in pre-trial discovery and overall trial prep. Expect the following benefits as you consider video for all your depositions.

1.      Demonstrate a Witness’ Body Language

Video evidence is a powerful way to get a glimpse at body language, allowing attorneys to present a compelling case. If you only submit a deposition transcription in the record trial, you fail to show the jury the witness’s spontaneous reactions, body language, and emotional state.

You fail to show the pregnant pauses, angry glares, and nervous fidgeting. With a video deposition, you show your witness’s full demeanor when they testify. These are important to the jury or when you are preparing your team for trial.

2.      Video Depositions Are More Cost-Effective

Video depositions can save you costly expert witness fees and travel expenses. In most cases, you will require an expert opinion from a doctor or a highly qualified and respected witness. These services are expensive, especially if your witness must travel long distances to attend trial sessions that could last several days.

Using a video testimony allows you to present the words any time during proceedings and repeated sessions;- it will save you a lot of money in the long run.

3.      Preparing For Trial

Video depositions are valuable tools outside the courtroom too. You can use the video for reference when deciding who to use as witnesses at trial or when preparing a direct cross-examination of the witnesses. You can review the video beforehand and make accurate assessments during preparation and when you plan and fine-tune your trial presentation.

4.      Hold the Jury’s Attention

When presenting evidence, the last thing you want to see is jurors losing interest. In the modern age, people are conditioned to pay attention to video as they see it everywhere, from televisions at home to YouTube on their smartphones.

You can keep your jurors attentive to the video screen for long periods with video depositions. They are also likely to pay attention and understand the depositions better than listen to a transcript read from a record.

5.      Impeaching a Witness

Changing witness testimony is common in courtrooms. If you have video depositions, you can impeach them without hassle. Seeing the witness make an obvious different statement from what they did before will have a significant impact than simply reading from a written transcript testimony.

Is A Video Deposition Right For Your Case?

There is no question that the world has changed in the past few years. More than ever, most people rely on video for entertainment and education. These have found their way into jury boxes worldwide.

Researchers at the Massachusetts Institute of Technology recently reported that individuals who study video evidence find it more modest but meaningful and authentic than text. The same individuals also pay more attention to video evidence presented in a mix of textual and video evidence.

Now is a good time for litigators to reconsider the adage ‘seeing is believing’ that applies to court cases. A strategic video deposition will increase your presentation effectiveness and offer your client better results. With effective planning, you can use video depositions in your pre-trial prep to get the maximum benefit from this technology.

At Aptus Court Reporting, we want to help you succeed in your next deposition by scheduling it the way you want it designed. You can rely on our videography services, video streaming, and effective depositions technology to improve your presentations. Contact our video team to learn more about our videography & deposition recording services.