As any experienced attorney will tell you, there is a skill to taking a deposition that reads well for use in court. As court reporters, we are keenly aware of the inconsistencies that can occur when the spoken word is taken in a deposition and turned into a written transcript. Something that made perfect sense when spoken may appear to have a different meaning when read on the page. These speech habits can cause big problems when it comes time for a judge, witness, or jury to read the transcript.

There are a number of common speaking styles that can cause problems in a deposition. Becoming aware of these habits will allow you to avoid them so the testimony of your witness goes into the record as intended.

1. False Starts

A false start is when a person begins to ask a question, stops mid-sentence, then begins again. We often speak this way without being aware of the habit. However, in a deposition, these false starts make it more difficult for the reader of the transcript to follow what is being said.

Example:

Q. Did you see the — I mean, this car — if there was a — well, what color was it?

With false starts, it can be unclear whether you got an answer to the full question. Your goal in taking a deposition is to glean information that is critical to your case. You want to be sure that information is easily understood by a reader.

The Solution:

One way to avoid false starts when asking questions is to gather your question in your mind before asking. Another tip is to slow down your pace of speaking, allowing yourself time to formulate the question fully.

2. Mumbling

A court reporter’s main duty is to record every spoken word. If a reporter doesn’t hear a question or an answer, he or she will ask you to repeat it. This is not a problem if it happens once or twice during a deposition. However, if you or your witness mumbles too many times, and your reporter needs to stop you several times this will disrupt the flow of questions and answers.

If a witness is mumbling and the reporter needs to interrupt to ask the witness to repeat, this often distracts the witness from his or her stream of thought during the answer. You want to be sure the witness’ full answers are in the record.

The Solution:

If you see the reporter is having trouble hearing the witness, it is important that you help remedy this situation. Here are a few suggestions:

• Remind the witness to speak loudly and clearly so the reporter can hear.
• Turn off noisy room fans if possible.
• Close doors to active hallways.
• Allow the reporter to sit as close to the witness as possible so every word can be easily heard.

3. Talking Over Others

In everyday communication, some people have a habit of interrupting before the other person is finished speaking. This is often an accepted pattern of speech. However, in a deposition, this pattern of speech can be deadly. When a speaker is interrupted, the reporter is hearing two streams of speech at the same time. However, the reporter has to write one stream, and then the second stream, one at a time. As a result, interruptions will immediately cause the reporter to have to write twice as fast. Writing twice as fast increases the stress on the reporter. Two people speaking at the same time also makes it difficult for both people to be heard and some words may be missed.

A court reporter will, at this point, stop the speakers and ask them to repeat. However, when a witness is asked to repeat an answer, they sometimes do not respond exactly the same as they did the first time, and that may mean that the answer you get was not the first answer you heard.

This speech pattern is difficult to read in a transcript with many partial sentences disrupting the flow of questions and answers.

Example:

Q. Did you see the —
A. Yes, yes, I did.
Q. — car coming down the —
A. Yes.
Q. — street?

Not only will this transcript be difficult to read, imagine having this testimony read into the record at a trial. The choppy nature of the read-back may make it difficult for the jury to follow.
The Solution:
To avoid this type of speech pattern, remind the witness they should allow you to finish your question entirely before answering. Also assure them that you will allow them to answer fully before asking another question.

4. Fast Talkers

As court reporters, we are tested and certified to write at a minimum speed of 225 words per minute. This is a fast rate of speaking.  However, many times attorneys and witnesses speak at even higher rates. Most reporters are able to write at a faster speed for a while, but it is difficult and exhausting. Once fatigue begins, it is increasingly more difficult for a reporter to continue to write at higher speeds and catch every word.

The Solution:

If you are speaking too fast, a reporter will stop you and ask you to slow down. However, be kind to your court reporter and speak at a moderate speed. If the witness is speaking too quickly, stop and remind the witness to speak at a moderate speed so that his or her answers can be recorded accurately and fully.

By paying attention to these unusual speech patterns, you will ensure that your questions and the witness’ answers are recorded accurately, you will receive a transcript that is easy to read, and your court reporter will appreciate your help in making an accurate record.