Did you know that court reporters may record the audio of a deposition? Technology developed for computer-aided translation (CAT) software allows for the simultaneous digital audio recording of judicial proceedings, often referred to as audio synchronization or backup audio media (BAM). But while court rules give specific guidelines and requirements regarding video recordings, there is no clear guidance regarding audio recordings.
To remedy this, the National Court Reporters Association (NCRA) has altered their Code of Professional Ethics General Guidelines in order to address backup audio material. This blog post reproduces and addresses those guidelines in order to help any court reporter or legal professional navigate the procedures surrounding audio recordings. You can view the original NCRA guidelines on their website here.
General Guidelines
First and foremost, to ensure the integrity of any backup audio material the court reporter must comply with any applicable local, state and/or federal guidelines.
Secondly, the court reporter’s responsibility to preserve the official record does not change in any way because of backup audio material.
Guidelines for Release
For Providing BAM at the Request of an Attorney or Party to a Proceeding
- If the BAM is made available to any party in a case, it is the responsibility of the reporter to ensure that no confidential or off-the-record discussions are contained in the released recording.
- A reporting firm may not require that a reporter produce the BAM (unless ordered to do so by a court).
- If the reporter decides to release the BAM, the reporter shall release a copy and not the original (unless ordered otherwise by a court).
- If the reporter makes available a copy of the BAM to one party, the same offer must be made to the other party(ies) to the proceeding.
- Reporters should check all applicable local, state and federal laws, rules and regulations to ensure that creating BAM is in compliance with those.
- If a reporter uses BAM, it should be preserved upon request by any party to the proceeding for the same period of time for which the reporter’s notes are preserved. The reporter may request that the party seek a court order before making it available.
For Offering BAM to Parties as a Value-Added Service
- If the reporter or member offers BAM as a value-added service, all parties should be advised prior to the start of the proceeding.
- If the BAM is provided as a value-added service, it is the responsibility of the reporter to ensure that such sound recording technique does not distort the oral proceedings and that no confidential or off-the-record discussions are contained in the released recording.
- If a reporter or member offers BAM as a value-added service, the reporter shall provide a copy to the requesting parties and preserve the original.
- If the reporter or member makes available a copy of the BAM to one party, the same offer must be made to the other party(ies) to the proceeding.
- Reporters and members should check all applicable local, state and federal laws, rules and regulations to ensure that creating BAM is in compliance with those.
Understanding and following these NCRA guidelines ensures that you utilize backup audio media judiciously, ethically and legally. If your firm chooses to institute any specific guidelines in addition to these, it’s important to make those guidelines clear to the client and to all parties to the proceeding.
