Privacy Concerns - Reporter's Handling of Confidential Information

-Jeff Koller, Hutchings General Counsel, Client Services

Have you ever considered and anticipated how the court reporter is supposed to handle confidential testimony and/or documents, particularly in light of privacy concerns?

· Is there a protective order applicable to the request? Is it being attached to the deposition?

· Have counsel stipulated as to which testimony and/or exhibits are to be treated as confidential?

· Is this stipulation in writing and made part of the transcript or simply put on the record either prior to, during or at the conclusion of the proceeding?

· If there is no stipulation, then counsel should state their objection as to whether or not the testimony or documents at issue are confidential and consider suspending the deposition to obtain a protective order and/or a clarification of the existing order.
· Creating a separately bound and sealed certified transcript of those portions of testimony and/or exhibits deemed to be confidential.

· If there is no stipulation of counsel then the transcript would typically be handled by what is often referred to as "by code." In California, the applicable section is CCP §2025.520 and under Federal Rules of Civil Procedure, Rule 30(e)(f).


Hutchings Court Reporters, LLC is headquartered in California and provides court reporting services across the country on a daily basis. The perspective offered above may refer to California and Federal authority; however, we've found many states have similar provisions. Accordingly, we'd encourage you to review your own state's rules of discovery and guidelines applicable to the court reporting profession.