02/20/2022
I've been asked by some Texas court reporters what Rule specifically prohibits digi's. There are no Rules or Codes that specifically say digi’s are not allowed in Texas, BUT there are Rules and Codes that say only Texas Certified Shorthand Reporters are allowed to take depositions!!
I went through each Rule and Code about court reporters and explained them in the all-capped sections below the Rules.
TEXAS RULES OF CIVIL PROCEDURE
199.1 Oral Examination; Alternative Methods of Conducting or Recording
(a)Generally. A party may take the testimony of any person or entity by deposition on oral examination before any officer authorized by law to take depositions. The testimony, objections, and any other statements during the deposition must be recorded at the time they are given or made.
ONLY A TEXAS CSR IS AN OFFICER AUTHORIZED BY LAW TO TAKE DEPOSITIONS.
(b)Depositions by telephone or other remote electronic means. A party may take an oral deposition by telephone or other remote electronic means if the party gives reasonable prior written notice of intent to do so. For the purposes of these rules, an oral deposition taken by telephone or other remote electronic means is considered as having been taken in the district and at the place where the witness is located when answering the questions.
THIS IS REFERRING TO TAKING ORAL DEPOSITIONS VIA ZOOM, WEBEX, ETC.
(c)Non-stenographic recording. Any party may cause a deposition upon oral examination to be recorded by other than stenographic means, including videotape recording. The party requesting the non-stenographic recording will be responsible for obtaining a person authorized by law to administer the oath and for assuring that the recording will be intelligible, accurate, and trustworthy.
At least five days prior to the deposition, the party must serve on the witness and all parties a notice, either in the notice of deposition or separately, that the deposition will be recorded by other than stenographic means. This notice must state the method of non-stenographic recording to be used and whether the deposition will also be recorded stenographically. Any other party may then serve written notice designating another method of recording in addition to the method specified, at the expense of such other party unless the court orders otherwise.
THIS IS THE RULE THAT DIGI’S ARE TRYING TO USE, BUT THIS DOES NOT APPLY TO THEM BECAUSE THEY ARE NOT A PARTY TO THE LAWSUIT OR THE ATTORNEY OR EMPLOYEES OF A PARTY TO THE LAWSUIT. THEY ARE TAKING THIS OUT OF CONTEXT AND USING IT TO TRY AND GET TRANSCRIPTIONS OF DEPOSITIONS IN THAT ARE NOT TAKEN BY TEXAS CSRS, WHICH IS NOT WHAT THE RULE SAYS!
199.2 Procedure for Noticing Oral Depositions.
(3)Alternative means of conducting and recording. The notice must state whether the deposition is to be taken by telephone or other remote electronic means and identify the means. If the deposition is to be recorded by nonstenographic means, the notice may include the notice required by Rule 199.1(c).
AGAIN, THIS REFERS BACK TO 199.1(C), WHICH REFERS TO THE PARTY, THEIR LAWYER OR THE LAW FIRM'S OR PARTY'S EMPLOYEES TAKING A DEPOSITION. IT DOES NOT PERTAIN TO SOMEONE LIKE VERITEXT, STORYCLOUD, US LEGAL, ETC., BEING USED TO RECORD AND TRANSCRIBE ORAL DEPOSITIONS WITHOUT USING A TEXAS CSR. THEY ARE NOT PARTIES TO THE LAWSUIT; THEY ARE THIRD-PARTY VENDORS.
TEXAS GOVERNMENT CODE
Section 154.101 - Certification Of Reporters
(a) A person may not be appointed an official court reporter or a deputy court reporter unless the person is certified as a shorthand reporter by the supreme court.
(b) A person may not engage in shorthand reporting in this state unless the person is certified as:
(1) a shorthand reporter by the supreme court under this section; or
(2) an apprentice court reporter or provisional court reporter certified as authorized by Section 1, subject to the terms of the person's certification.
(c) A certification issued under this section must be for one or more of the following methods of shorthand reporting:
(1) written shorthand;
(2) machine shorthand;
(3) oral stenography; or
(4) any other method of shorthand reporting authorized by the supreme court.
THE GOVERNMENT CODE STATES THAT ONLY CERTIFIED REPORTERS CAN TAKE ORAL DEPOSITIONS. THE SUPREME COURT HAS NOT AUTHORIZED THE USE OF DIGI’S (UNLESS IT’S IN AN OFFICIAL SETTING AT TIMES) SO ORAL DEPOSITIONS CAN ONLY BE TAKEN BY TEXAS CSRS!
(f) Except as provided by Section 154.112 and by Section 20.001, Civil Practice and Remedies Code, all depositions conducted in this state must be recorded by a certified shorthand reporter.
AGAIN, A CERTIFIED SHORTHAND REPORTER MUST TAKE ALL DEPOSITIONS!
Section 154.112 - Employment Of Noncertified Person For Shorthand Reporting
A person who is not certified as a court reporter may be employed to engage in shorthand reporting until a certified shorthand reporter is available
1. A person who is not certified as a court reporter may engage in shorthand reporting to report an oral deposition only if:
(1) the person delivers an affidavit to the parties or to their counsel present at the deposition stating that a certified shorthand reporter is not available; or
(2) the parties or their counsel stipulate on the record at the beginning of the deposition that a certified shorthand reporter is not available.
(c) This section does not apply to a deposition taken outside this state for use in this state.
THIS SECTION MEANS THAT THEY CAN USE A NONCERTIFIED PERSON IF A CERTIFIED SHORTHAND REPORTER IS NOT AVAILABLE UNTIL ONE IS AVAILABLE. IT DOES NOT SAY THAT DIGIS CAN REPORT DEPOSITIONS. THEY HAVE TO FOLLOW THE RULES SET OUT IN THIS SECTION BEFORE THE DEPOSITION HAPPENS, STATING THAT A CERTIFIED SHORTHAND REPORTER IS NOT AVAILABLE, WHICH THEY ARE NOT DOING!
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS
CHAPTER 52. COURT REPORTERS AND SHORTHAND REPORTING FIRMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 52.001. DEFINITIONS. (a) In this chapter:
(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42, Sec. 3.01(1), eff. September 1, 2014.
(2) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42, Sec. 3.01(1), eff. September 1, 2014.
(2-a) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 42, Sec. 3.01(1), eff. September 1, 2014.
(3) "Official court reporter" means the shorthand reporter appointed by a judge as the official court reporter.
(4) "Shorthand reporter" and "court reporter" mean a person who is certified as a court reporter, apprentice court reporter, or provisional court reporter under Chapter 154 to engage in shorthand reporting.
CHAPTER 154 OF THE TEXAS GOVERNMENT CODE STATES THAT ALL DEPOSITIONS CONDUCTED IN THIS STATE MUST BE RECORDED BY A CERTIFIED SHORTHAND REPORTER!
(5) "Shorthand reporting" and "court reporting" mean the practice of shorthand reporting for use in litigation in the courts of this state by making a verbatim record of an oral court proceeding, deposition, or proceeding before a grand jury, referee, or court commissioner using written symbols in shorthand, machine shorthand, or oral stenography.
(6) "Shorthand reporting firm," "court reporting firm," and "affiliate office" mean an entity wholly or partly in the business of providing court reporting or other related services in this state.
