Question and Answer

1.	Q. Is the signature on a Read & Sign required to be notarized? A. No. Handbook: E.10: The Board is unanimous that the law does not require that the signature of the witness be notarized on either the deposition jurat or errata sheet.

Q. The calling attorney concluded the deposition, but opposing counsel wanted to continue.

A. The reporter is to continue with the deposition.

Handbook: J.4: A reporter in this situation should continue to write regardless of which attorney engaged the services of the court reporter. It is ot the reporter’s responsibility to decide which attorney is correct if an argument arises about when the deposition is concluded.

Q. Are attorneys permitted to reproduce transcripts?

A. Yes.

Handbook: E.7: The Board of Court Reporting is of the opinion that only the parties to a lawsuit or the deponent have the reproduction rights to a deposition and that a court reporter may not refuse to prepare a transcript and furnish a copy of it to either one of those persons, so long as the person requesting the copy is willing to pay for it. Nor, we believe, may a reporter prohibit either party to a lawsuit or the deponent from reproducing the copy of the deposition received from the reporter.

Q. Can I withhold transcripts for payment of past due billing?

A. No.

Handbook: E.18: The Board of Court Reporting has held that it is a violation of the Codeof Professional Ethics to withhold a transcript for payment of outstanding bills in another case. The proper venue for collecting past debts on court reporting invoices is through the courts.

Q. I was asked to sign an affidavit recounting an attorney’s recollection of events at which I was present. Can I do this?

A. No.

Handbook: E.25: The Board’s position is that it is improper to provide an affidavit because it may create an appearance of impropriety or it may compromise the reporter’s role as a disinterested party thus violating the COPE.

Q. Am I required to notify the opposing party that a transcript has been ordered?

A. No.

Handbook: E.14: It is permissible but not obligatory for a court reporter to advise counsel for the opposite party and/or counsel for the participating party in the litigation when a transcript request is made.

Q. Am I required to swear in the videographer?

A. Yes.

Handbook: J.2.6.5: Plaintiff shall supply the person to operate the video equipment who shall be sworn by the Court Reporter as follows: “I, _______, solemnly swear to accurately and in a trustworthy manner, videotape the deposition and see that the original videotape is not altered or edited in any fashion unless ordered by the Court or agreed to by counsel and I shall file the same with the Clerk of the Superior Court of _______ County, Georgia.”