Deposition Realtime Feed and Request to Delete Testimony
Alicia is a freelance certified court reporter hired by defense counsel to report a deposition in Oakland County. The witness is a treating physician. Plaintiff's counsel appears by phone. Before the deposition, defense counsel asks Alicia to send a rough-draft ASCII to his paralegal by 7 p.m. and to provide a realtime feed to a third-party claims adjuster who is not a party and has not noticed the deposition. During a break, defense counsel says, 'Off the record: we'll pay $40,000 if he drops the lost-wage claim.' Alicia stops taking notes. When they return, counsel says, 'Back on the record.' Later, after an objection to a question about prior malpractice suits, defense counsel asks Alicia to 'just delete that whole exchange-it's prejudicial and the objection was sustained.' The witness's answer was already given. Alicia asks how to handle the off-record settlement comment, the realtime feed to the adjuster, and the deletion request.
1. How should Alicia handle the off-record settlement comment?
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If the comment was truly made off the record, it is not part of the deposition transcript, and Alicia should not reveal its substance in the transcript. She should, however, accurately show the record status if the transcript needs to reflect a break or an off-record discussion. She should not characterize what was said off record. If any party later disputes whether the discussion was off record, Alicia should report only what she observed about the on/off record instruction, not the settlement content. Settlement communications may also be protected, so gratuitously including them would be improper.
2. Should Alicia provide realtime to the nonparty claims adjuster?
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Alicia should not decide the adjuster's legal entitlement on her own. Realtime is a service, but providing a live feed to a nonparty can raise confidentiality, protective-order, and attendance issues. She should ask counsel to confirm the request in writing and to address whether the adjuster may attend or receive the feed. If the parties disagree or a protective order is in place, she should decline until the dispute is resolved. Her duty is to remain neutral and follow lawful directions, not to expand access to the testimony based on one lawyer's request.
3. What should Alicia do about the request to delete the objected-to exchange?
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She should not delete it. The question, objection, and answer are part of the record unless the parties properly stipulate otherwise or the court orders a strike or seal. Alicia can note the objection and any stipulation, but she should preserve the original recording and notes. If counsel wants the exchange excluded, the proper route is a stipulation or court ruling, not unilateral deletion by the reporter. Deleting material would breach the reporter's neutrality and certification obligations and could trigger board review.