Going off the record?

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Stay on the record.

I got some very good advice from Marge Theilhobber on this very subject:

Here are some good things to say if you have an argumentative atty who demands to go off the record.

I'm here to take down the record... You can always move to strike later with the court, but I cannot re-create the record later.

You must both agree to go off the record. The only time one party can go off and I can stop writing is if such party declares on the record that they are requesting suspension of the proceedings in order to seek a protective order from the court... due to the harassing or oppressive nature of the proceedings.

(The party must state this)

Otherwise keep writing. If they walk out and do not come back, I suppose at that moment you're safe to conclude the proceedings. Note it in a blurb, perhaps, that counsel departed the proceedings (Heck, you can't stay there all night)

Leave it up to them later as to how they conclude or re-convene the proceedings. Use the appropriate blurb to conclude the proceeding... adjourned, concluded, suspended... and also note it on your worksheet for your agency or if you work alone, keep a note of what happened in case the parties are in dispute later.

Answered by dunbarcsr {869}
5/16/2010 1:45:28 AM

[3 Votes]

All good answers. I'm assuming there's an obvious disagreement between counsel; so, yes, you stay on the the record unless they stipulate to go off. If I sense the one who wants to go off the record is getting mad at me, I say, Counsel, I need agreement from all of you to go off the record.

Of course, the flip scenario is the uber-casual depo where nobody says anything and, next thing you know, someone's like Yeah, that's like when my dog peed on the marble floor at the resort in Cabo. Did I tell you about that one? Yeah, Murph didn't go that convention, but...

Are we still on the record?

Usually happens with counsel know each other... It's less stressful to be sure, but I'm sure they don't need Fido's bathroom habits on the record. LOL. - abbaCSR2b 5/16/2010 1:51:45 AM | Flag

Answered by CSRsarah {601}
4/25/2010 7:50:43 PM

[1 Votes]

If you're covering a deposition, the only way that you can go off the record is when both lawyers agree to do so. If only one attorney wants the testimony off the record, you're responsible for making sure that you're taking everything down.

Answered by mary C {483}
4/25/2010 8:08:13 PM

[1 Votes]

You can only go off the record if both of the lawyers have agreed to do so. If you're the court reporter in that case, you simply keep documenting the proceedings as if the request hadn't been made.