Reprinted with permission from NCRA
Section VII
Backup Audio Media
Due to the complexities that may arise from the use of different forms of backup audio media, whether analog or digital, NCRA has developed guidelines to aid the court reporter in the use of this technology.
The latest innovation involves technology that has been developed for computer-aided translation (CAT) software, which allows for the simultaneous digital audio recording of judicial proceedings, often referred to as "audio synchronization," and more commonly known as "backup audio media."
When using any backup audio medium, the court reporter must comply with any applicable local, state and federal rules and/or laws to ensure the integrity of the record. The court reporter’s duties and responsibilities do not change regarding preservation of the official record and in any respect with regard to: reading back from the stenographic notes (no playback of the recording in lieu of readback); interrupting the proceedings due to the speed of the testimony, unintelligible, and/or simultaneous speakers, etc.
Judicial court reporters frequently use the term "work product" when referring to their backup recordings. "Work product" may be defined as a backup recording made by a court reporter at their discretion, and not otherwise ordered for preservation by any federal, state or local law and/or rule, and is the personal property of the court reporter. There is no public entitlement to these recordings.
The following guidelines address the release of backup audio media.
A. Guidelines for Providing Backup Audio Media at the Request of an Attorney or Party to a Proceeding
1. If the backup audio media is made available to any party in a case, it is the responsibility of the reporter to ensure that no confidential or off-the-record discussions are contained in the released recording.
2. A reporting firm/agency may not require that a reporter produce the backup audio media (unless ordered to do so by a court).
3. If the reporter decides to release the backup audio media, the reporter shall release a copy and not the original (unless ordered otherwise by a court).
4. If the reporter makes available a copy of the backup audio media to one party, the same offer must be made to the other party(ies) to the proceeding.
5. Reporters should check all applicable local, state and federal laws, rules and regulations to ensure that creating a backup audio media is in compliance with those laws, rules and regulations.
6. If a reporter uses backup audio media, it should be preserved upon request by any party to the proceeding for the same period of time for which the reporter’s notes are preserved. The reporter may request that the party seek a court order before making it available.
B. Guidelines for Offering Backup Audio Media to Parties as a Value-Added Service
1. If the reporter or member offers backup audio media as a value-added service, all parties should be advised prior to the start of the proceeding.
2. If the backup audio media is provided as a value-added service, it is the responsibility of the reporter to ensure that such sound recording technique does not distort the oral proceedings and that no confidential or off-the-record discussions are contained in the released recording.
3. If a reporter or member offers backup audio media as a value-added service, the reporter shall provide a copy to the requesting parties and preserve the original.
4. If the reporter or member makes available a copy of the backup audio media to one party, the same offer must be made to the other party(ies) to the proceeding.
5. Reporters and members should check all applicable local, state and federal laws, rules and regulations to ensure that creating a backup audio media is in compliance with those laws, rules and regulations.