Best Practices for the Success of Digital
Court Reporting
With advancements in digital technology, digital court reporting or electronic court reporting has
been implemented in courtrooms across the United States. In electronic court reporting, court
proceedings are captured in audio and video format and transcribed to produce the record.
Digital court reporting methods include computer assisted transcription as well as using legal
transcription outsourcing for documenting digital audio/visual (A/V) recordings.
The digital court reporting comes with 5 key benefits, according to the World Bank
Improves efficiency: Digital recordings offer courts easy and quick access to the
verbatim record, and allows them to maintain and control the official record. Judges and
lawyers can see, review, and mark up transcripts for reference as they are generated on
the computer, which saves time. Lawyers and parties can focus on the proceedings
instead of taking notes.
Improves integrity and transparency: Digital records have a stamp of legitimacy. In
cases where visual or oral cues are significant, recordings allow proceedings to be
reviewed in lower courts and ensure their procedural integrity.
Eliminates procedural abuse: Digital records can be monitored easily, which can
prevent procedural misuse.
Expands access to justice: e-court reporting allows depositions to be held outside the
courtroom, benefiting vulnerable victims and defendants. Real-time transcription or-audio
amplification during a trial improves quality of translation and interpretation, and is a big
help for people with hearing impairments.
Promotes courteous behavior: Digital recordings and monitoring can improve norms of
behavior and attitude in the courtroom.
However, the success of digital court reporting depends on adherence to best practices:
Careful installation of the equipment: The hardware and software should be properly
installed. For effective coverage of the proceedings, microphones should be placed in key
positions – before the podium, judge, witnesses, lawyers, etc. When correctly placed, the
audio signal is amplified throughout the room. It’s also important to select the right
microphone (cardioid microphone or omni-directional) based on how it will be used, after
assessing each location. Careful installation of microphones is critical since if audio is not
clear, the participants, especially the jury, cannot hear the proceedings and will be unable
to do their duty. Poor audio will also affect digital transcription of the proceedings. There
should be a video conference system for remote appearances. Digital systems also have
backup arrangements along with cameras placed to cover the entire courtroom.
Test the equipment: Maintaining the equipment depends on regular upkeep of the
hardware and software. This includes running regular systems checks and checking Test
the equipment before the hearing to ensure that is working effectively and replace
batteries if necessary. Periodical checking of the equipment is necessary to keep it in
order.
Confidence monitoring: The Supreme Court of Wisconsin defines confidence
monitoring as “the practice of periodically assessing the performance of the DAR unit to
ensure that a sufficient verbatim record is being captured in a manner that will allow for a
quality transcript to be completed”. The guiding principles of the Court require
confidence monitoring by digital court reporters and monitors. This is to ensure that the
recorded verbatim record created is accurate.
Continuous monitoring: The success of digital court reporting depends a lot on
continuous monitoring by the court reporter/monitor. When the court proceeding starts,
the recording quality should be checked. Each channel should be verified to see that it is
working properly. If a malfunction is noticed in the digital audio recording equipment,
the court official should be informed so that the hearing can be paused till the problem is
rectified.
Interrupting the proceedings: When the record is not being captured as it should, the
digital court reporter needs to work with the court official as to the right way to interrupt
a court proceeding. The goal should be to capture an accurate verbatim record. Situations
where the proceedings can be interrupted are to ask a person to move closer to the
microphone or speak more slowly, want the correct spelling of a name or technical term,
stop people interrupting others, request people in the gallery not to make a noise, and so
on.
Creating log notes: Digital court reporting involves creating electronic notes pertaining
to the case being presented. These log notes will allow judges and lawyers to navigate the
electronic record for specific portions of the testimony both during and after court
proceedings and also facilitate court proceedings transcription.
