Court reporting is court reporting, right? Well, all court
reporters are charged with being guardians of the record, and whether they’re
practicing in a deposition suite or a courtroom doesn’t change that duty.
However, there are some critical differences reporters, attorneys, and
observers should be aware of regarding a court reporter’s role in a deposition
versus a courtroom setting.

The most obvious difference between a deposition and a trial
is the atmosphere. In a deposition, the atmosphere is relaxed – compared to a
courtroom, at least. While depositions can be fast-paced and sometimes
extremely adversarial, the presence of a judge in courtroom proceedings tends to
keep attorneys – and the court reporter – on their toes. The Court waits for no
one. When the bailiff says “All rise” and court opens, the attorneys
and the court reporter better be ready.

When witnesses testify in a courtroom proceeding, either the
courtroom clerk or the judge administers the oath. In a deposition setting, a
court reporter (or possibly a videographer) administers the oath to the
witness.

During a deposition questions are frequently objected to,
and there may be other disputes between the parties. Since there is no judge
present to rule on objections, deposition witnesses still answer questions that
are objected to (unless counsel directs them not to), and the record is
preserved, to be ruled upon at a later time. In the event of other disputes between
counsel during a deposition, the court reporter’s duty is the same – to create
a record of statements made for the record by counsel, so the Court will have a
record upon which to rule at a later date. During a motion hearing or a trial,
though, the Court will usually rule immediately on an objection or other
dispute between counsel.

Deposition proceedings are almost always transcribed, but a
transcript of courtroom proceedings isn’t prepared unless one of the parties
orders it or if one party appeals the verdict. Court transcript rates in
indigent criminal proceedings are set by the Court, while court reporters
charge market rates for civil court or non-indigent criminal transcripts.

In a courtroom proceeding, the court reporter’s notes and
backup media are considered the property of the court and are retained by the
court, at the courthouse, for a period of time set by statute. Deposition
reporters retain their notes and backup media at their office, for varying lengths
of time, depending upon local rules.

Exhibits in depositions are left with the court reporter at
the conclusion of the proceedings, for the reporter to attach to the original
sealed transcript that is later submitted to the Court. In a courtroom trial,
the clerk retains the exhibits the Court receives into evidence and preserves
them for possible appeal.

All court reporters share the same duty to preserve a
verbatim record of the proceedings, but there are many differences in how
courtroom and deposition reporters perform that duty.