{"id":902881,"date":"2024-06-25T15:54:01","date_gmt":"2024-06-25T21:54:01","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=902881"},"modified":"2024-06-25T15:54:03","modified_gmt":"2024-06-25T21:54:03","slug":"remote-deposition-advance-litigation-when-court-reporters-are-scarce","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/remote-deposition-advance-litigation-when-court-reporters-are-scarce\/","title":{"rendered":"Remote Depositions Advance Litigation When Court Reporters Are\u00a0Scarce"},"content":{"rendered":"\n

Esquire Deposition Solutions<\/a><\/p>\n\n\n\n

Everyone in the legal community is aware of the current shortage of qualified court reporters. Court reporters are at a premium everywhere, but particularly in busy jurisdictions such as California, New York, Florida, and Texas.<\/p>\n\n\n\n

The cause is well-known. Qualified, experienced court reporters are retiring in numbers greater than the number of trained court reporters entering the industry. In 2014, the National Court Reporters Association predicted that, by 2018, there would be a shortage of 5,500 court reporter positions. That prediction has certainly come to pass. In fact, in 2023 the NCRA said the shortage is roughly 9,000 court reporters. (The \u201ccourt reporter shortage\u201d statistic is derived by comparing available court reporters to estimated market demands.)<\/p>\n\n\n\n

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When it comes to the problem of scarce court reporters, we\u2019re all swimming in the same ocean. Everyone benefits when scarce resources are used efficiently. Without a doubt, remote depositions<\/a> will move cases along when court reporters are hard to find.<\/strong><\/p>\n<\/blockquote>\n\n\n\n

Adding to the court reporter shortfall are civil litigation trends indicating that lawyers and courthouses are busier than ever. Leading law firms and corporate law departments expect that exposure to civil claims and regulatory scrutiny will increase significantly during the next few years \u2013 driving the current litigation workload even higher.<\/p>\n\n\n\n

What can be done? The court reporting industry is working hard on recruitment efforts to meet the growing demand for court reporters. Technology innovation and legal reforms will also be part of the solution to the current court reporter shortage. However, those initiatives are not likely to bear fruit in the near future.<\/p>\n\n\n\n

Finally, court reporters \u2013 along with much of the rest of the U.S. labor force \u2013 favor remote work these days. The pool of court reporters willing and available for in-person depositions has diminished significantly since the COVID-19 pandemic. According to a recent Esquire Deposition Solutions survey of court reporters, 54% of 1,590 respondents said it\u2019s \u201cunlikely\u201d they would agree to work in-person depositions. Twenty-one percent replied that they would \u201cnever\u201d work an in-person deposition. Obviously, this state of affairs poses a considerable challenge for litigators when scheduling in-person depositions.<\/p>\n\n\n\n

With these facts in mind, here are three remedial measures that civil litigators can take to address the impact of the court reporter shortage on their clients\u2019 cases.<\/p>\n\n\n\n

Schedule Depositions as Early as Possible<\/strong><\/h4>\n\n\n\n

When scheduling an in-person deposition, it\u2019s critical to get on the court reporter\u2019s schedule early. Evaluate which depositions will be necessary to successfully meet litigation objectives. Then begin the process of scheduling those depositions as early as local court rules will allow. Attorneys in jurisdictions that require attorneys to \u201cmeet and confer\u201d on pretrial discovery matters (e.g.,\u00a0Rule 26(f) of the Federal Rules of Civil Procedure<\/a>)) should ensure that early deposition scheduling is part of the discovery plan.<\/p>\n\n\n\n

Save Time: The Court Reporter\u2019s and Yours<\/strong><\/h4>\n\n\n\n

There are only so many hours in a day. When attorneys are efficient in setting and conducting depositions, their efforts will free the court reporter to conduct a greater number of depositions and prepare transcripts for those depositions during a typical workday. Sharing documents in advance of the deposition, and working out deposition-related legal disputes before the deposition commences, can make the deposition process quicker (not to mention more pleasant for everyone involved).<\/p>\n\n\n\n

Attorneys can save significant travel time by \u201cstacking\u201d depositions, i.e., by scheduling several depositions in a row, at the same location, with the same court reporter. Stacking depositions also spares court reporters the burden of travel time and frees them to conduct more depositions in a single workday.<\/p>\n\n\n\n

Early scheduling and \u201cstacking\u201d depositions are the two most important measures litigators can take to improve the odds that they will be able to conduct their depositions in-person, on-time, with the services of a trained stenographer.<\/p>\n\n\n\n

Conduct Depositions Remotely<\/strong><\/h4>\n\n\n\n

The attorney\u2019s\u00a0ethical duty of technology competence<\/a>\u00a0obliges litigators to consider both the benefits and risks of using available technology to advance the client\u2019s interests. Remote depositions are a universally accepted technology for advancing litigation efficiently and with little risk to the client\u2019s interests.<\/p>\n\n\n\n

In view of the difficulty obtaining court reporters for in-person depositions, we encourage attorneys to\u00a0weigh the benefits of remote depositions<\/a>\u00a0in every situation where an in-person deposition is not strictly necessary. Remote depositions eliminate litigator travel time, and they can be easier to schedule. Clients appreciate whatever can be done to trim litigation spending; and both clients and courts like to see civil litigation moving along expeditiously.<\/p>\n\n\n\n

Less appreciated, but equally important, is the fact that remote depositions are more efficient from the court reporter\u2019s perspective as well. Relieved of travel time, a court reporter can work more remote depositions than in-person depositions during the workday. This frees up the court reporter to handle a greater number of depositions for your law firm, your client, and all other attorneys in your community.<\/p>\n\n\n\n

Litigators who choose remote depositions improve their chances for getting the depositions staffed with a qualified stenographer at a time that both advances their litigation strategy and minimizes scheduling headaches. As mentioned above, a significantly greater number of court reporters are willing to staff remote depositions than in-person depositions. Additionally, with remote depositions, litigators are able to choose court reporters from any location within the entire state \u2013 instead of from the smaller pool of court reporters working in their particular city or county.<\/p>\n\n\n\n

As we\u2019ve written before, remote depositions:<\/p>\n\n\n\n