CSR Regulatory Compliance & Legal Framework 3 — Questions and Answers
Question 1: Under FRCP Rule 30(f), how long must the officer who takes a deposition retain the stenographic notes or recording?
- Until the transcript is delivered to the requesting party
- For the period specified by the court or, absent an order, as required by the applicable rules (Correct answer)
- Exactly 30 days after delivery of the transcript
- Indefinitely until released by all parties in writing
Correct answer: For the period specified by the court or, absent an order, as required by the applicable rules
FRCP 30(f) directs the officer to retain the notes or recording for the period required by general rule or court order.
Question 2: A CSR is asked by the hiring attorney to expedite a transcript and deliver it before the opposing party can review the rough draft. The reporter should:
- Deliver the expedited transcript only to the hiring attorney as requested
- Refuse all expedited requests as unethical
- Deliver the certified transcript to all parties simultaneously upon completion (Correct answer)
- Wait for a court order before delivering any transcript
Correct answer: Deliver the certified transcript to all parties simultaneously upon completion
All parties must receive the certified transcript under equal terms; giving one side an advance look violates impartiality.
Question 3: State court reporter practice acts generally prohibit reporters from engaging in 'fee-splitting' arrangements. This rule is designed primarily to prevent:
- Reporters from charging too little for their services
- Improper financial relationships that could compromise a reporter's neutrality (Correct answer)
- Attorneys from receiving discounts on high-volume transcript orders
- Freelance reporters from undercutting agency rates
Correct answer: Improper financial relationships that could compromise a reporter's neutrality
Fee-splitting bans guard against kickback arrangements that would bias the reporter toward the paying party.
Question 4: In a federal criminal proceeding, which rule addresses the right of a defendant to have a stenographic record made of the testimony?
- Federal Rules of Evidence Rule 803
- Federal Rules of Criminal Procedure Rule 26.2
- 28 U.S.C. § 753 (Correct answer)
- Federal Rules of Civil Procedure Rule 30(b)(3)
Correct answer: 28 U.S.C. § 753
28 U.S.C. § 753 requires that all proceedings in open court be stenographically reported by official court reporters.
Question 5: A deposition notice specifies that the proceeding will be recorded by 'stenographic means.' An attorney unilaterally arranges for video recording as well. Under FRCP Rule 30(b)(3), which statement is correct?
- Video recording is always prohibited unless the notice specifies it
- Any party may arrange additional recording methods after notifying all other parties (Correct answer)
- Only the noticing party may add recording methods without court approval
- The court reporter must stop the deposition if unapproved recording begins
Correct answer: Any party may arrange additional recording methods after notifying all other parties
FRCP 30(b)(3)(B) allows any party to arrange for additional recording methods so long as prior notice is given to all parties.
Question 6: Which of the following best describes the legal status of a CSR's certification on a deposition transcript?
- A notarial act equivalent to a sworn affidavit
- An administrative formality with no legal consequences
- A professional attestation that the transcript is a true and accurate record (Correct answer)
- A warranty that no typographical errors exist in the document
Correct answer: A professional attestation that the transcript is a true and accurate record
The reporter's certificate is a professional attestation of accuracy and completeness, not a warranty of absolute perfection or a notarial act.
Question 7: When a witness requests to read and sign the deposition transcript, the reporter's responsibility under FRCP Rule 30(e) is to:
- Deliver the transcript directly to the witness for review and correction
- Notify the officer/party that the witness has invoked the right to review (Correct answer)
- Allow the witness 60 days to review and waive any other deadlines
- Submit the unapproved transcript to the court clerk pending witness review
Correct answer: Notify the officer/party that the witness has invoked the right to review
Under FRCP 30(e), when the witness requests review, the officer must notify the parties of any changes and their reasons within 30 days of delivery.
CSR Regulatory Compliance & Legal Framework 3
Under FRCP Rule 30(f), how long must the officer who takes a deposition retain the stenographic notes or recording?