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  • 03 Nov 2010 3:08 PM
    Message # 456446

    Some attorneys are requesting/demanding we (the court reporter) take a picture of the witness and, in some cases, pictures of their injuries/scarring.  Are we to do this, not do this, charge for it, etc.?

  • 04 Nov 2010 4:06 PM
    Reply # 457108 on 456446
    Deborah Uhley wrote:

    Some attorneys are requesting/demanding we (the court reporter) take a picture of the witness and, in some cases, pictures of their injuries/scarring.  Are we to do this, not do this, charge for it, etc.?


    That seems a little too much to ask.  If you take pictures, then those pictures could potentially be used as exhibits in trial and now all of a sudden you're a witness having to testify since you're the one taking and providing the photos.

    I can see the service of taking a picture of the witness and having it incorporated into the transcript on the title page as a means of identification, but not taking pictures of body parts.

    Melinda Dexter, RPR, CSR

     

  • 06 Dec 2010 9:07 PM
    Reply # 475870 on 456446
    I'm really quite amazed that nobody else has commented on this topic.  Would like to hear from y'all!
  • 08 Dec 2010 4:22 PM
    Reply # 477071 on 475870
    Deborah Uhley wrote: I'm really quite amazed that nobody else has commented on this topic.  Would like to hear from y'all!

    I agree with Mindy on this. I have definitely seen the pictures taken for the title page of the deposition, but I have not heard, up to this point anyway, of the reporters being asked to take pictures of any potential witnesses.

    We strive hard to be perceived as neutral participants in the proceedings of a lawsuit. We are not medical personnel who are trained in what is and is not an injury, let alone what constitutes a good picture of one.

  • 11 Dec 2010 12:05 PM
    Reply # 478692 on 456446
    I'm uncomfortable taking a picture of the deponent for the title page, and I definitely would not want to take pictures of scars, etc.  I wonder if the attorney thinks it's all right for the reporter to do due to the fact we are neutral. 

    Another issue is that if you and your agency don't want to take pictures, someone else probably will. 
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