Providing a complete and accurate record

1. State your name for the record and the name of your client. Spell both. State your case number. These statements are used to “tag” the case on the recording.
2. Be aware of the microphones in the courtroom which are located on the bench, the witness stand and on counsel tables. Talk into the microphone and avoid making distracting noises or mumbling. Do not try to move the microphones. Just speak in a normal tone but speak up and clearly.
3. Don’t talk over another attorney and don’t let another attorney talk over you. The judge should control who speaks, but if he or she doesn’t, please take the initiative.
4. Avoid shuffling papers. If you have a cold, move away from the microphone before coughing or sneezing.
5. Spell all proper names. Provide a list of the spellings of all witness names and case citations. Also, spell any technical terms or arcane phrases. The transcriber isn’t going to take the time to look up “cy-près” or “nemo est haeres viventis.”
6. Inform the clients that all conversations are recorded in the courtroom. The electronic system may still be on when the judge leaves the bench.
7. Conversations captured by the court’s audio recording system are a part of the record unless otherwise ordered by the judge. If you need to hold a confidential conversation during the proceeding, use the mute/kill switch on the microphone, cover the microphone with your hand, or request that the Court go off the record.