Off-the-record Statements

Updated: 07/31/24

Occasionally, you might hear statements that are specified as off-the-record from the Digital Reporter or the Judge. In this case, do not transcribe that section of the recording. Instead, upon hearing “off the record,” write the following statement:

<off-the-record-discussion>

When a speaker specifies that the statement is going back on the record, begin transcribing again. The transcription should look like this:

It is not considered officially off the record unless the Digital Reporter or Judge calls it as such. If a lawyer casually says "off the record" we still need to transcribe what is being said. Similarly, if an attorney asks to go off the record but the reporter does not call the off the record time, we should still transcribe what is being said, as they are still on the record.

Official transcript start and end

Before a deposition or a witness statement starts, the parties may have an unofficial conversation. Same happens at the end of an event. Do not transcribe these parts as they are officially off the record too.

All transcripts should start with a digital reporter officially opening the event with a statement similar to:

"Today is Wednesday. It is July 17th, 2024. The time is 3:02 p.m. Eastern Standard Time. We are present to record a Discovery Deposition in the case of..."

Similarly, if a digital reporter states "We're off the record…" at the end of an event, anything discussed after this statement should not be transcribed unless the parties agree otherwise.

Approaching the Bench

When lawyers approach the judge at his/her bench, this conversation can be important, so include it in your transcript. Before and after a bench conference, the transcript should look like the following with these notations: 

<thereafter, a bench conference occurred outside the presence of the jury>

<thereafter, the parties resumed testimony in front of the jury>