The Freight Train, the Errata, and the Footnote Request

Mine the redundancy first, then notate honestly what remains unrecoverable.

1. Work the backup channel before deciding anything is inaudible. Compare the two sources word by word across the 22 seconds. Where the lavalier is clear, transcribe from it - a reporter may use any available source; what is forbidden is inventing a source.
2. Do not average the two recordings into a confident text. If the lavalier yields a partial phrase and the ceiling yields noise, transcribe only what is actually discernible and mark the remainder. Partial transcription plus an accurate inaudible marker is correct; a smooth sentence assembled from two half-heard sources is fabrication.
3. Use the standard notation consistently - "(inaudible)" for unintelligible speech, with the timestamp span noted once, rather than scattering invented ellipses. Consistency lets the reader see exactly how much is missing.
4. Note the cause if it aids review: a brief parenthetical that a train passed during the passage explains a gap that would otherwise look like equipment failure.
5. Keep the source timeline. If you consulted the backup, record that in your production notes so the transcript's provenance is defensible if challenged.

Separate the three, because only one of them is even arguably a reporter's job.

1. Substituting his belief for "(inaudible)" is off the table. A transcript records what the witness said, not what counsel is confident the witness meant. If he wants the record to contain his understanding, the route is to reopen the deposition, to stipulate with opposing counsel on the record, or to submit the point to the court - not to have the reporter guess.
2. Grammar and "um" removals are substantive changes. Verbatim transcription includes the disfluencies. Cleaning them changes the impression the witness makes and is exactly the kind of alteration that turns a transcript into advocacy. Correcting your own typographical errors, misspelled names verified against the record, or obvious transcription slips of your own making is different and permissible.
3. The "confused" footnote is editorializing. A reporter does not characterize a witness's state of mind. If counsel wants a description of the witness's demeanor, that request goes to the court or is handled by the parties' own filings.
4. Point him to the correct mechanism: the deponent's review, signature, and errata process exists precisely for the witness to correct form or substance. Your transcript plus a properly executed errata sheet is a defensible product; your transcript with counsel's edits baked in is not.
5. Document the exchange in neutral, factual terms and confirm your position in writing.

The deadline is the reason to check methodically, not to skip checks.

1. Verify the mechanics against the required format: 25 numbered lines per page throughout, consistent one-inch left margin, no orphaned pages or line-number drift after any page inserted late in the process, and time stamps at the required 60-second intervals - including in the section where the inaudible passage occurs.
2. Cross-check the exhibit index against the record. Each exhibit's mark, the page and line of its introduction, and the speaker who introduced it should match; an index that disagrees with the body is the error most easily caught by opposing counsel.
3. Reconcile speaker labels and spellings across the whole document. A name spelled two ways, or a question attributed to the wrong counsel, is a substantive defect even though it looks clerical.
4. Confirm the signature status. A deposition's certification depends on whether the witness reviewed and signed, waived signature, or the transcript is being delivered conditionally. The certificate language must match what actually happened, not what usually happens.
5. Check the notations one final time for consistency: every "(inaudible)" accounted for, no leftover drafting comments, no bracketed guesses. Then proof the certificate page itself - a defect in the certificate undermines the entire document.