Rev: Legal Transcription Style Guidelines

Section 4: Content Types

Content Type Guidelines

All spoken dialogue in a legal proceeding is presented in either colloquy or Q&A (question and answer) form. 

Content Types Overview

Question (Q) ➡️ Used when an attorney/agent/judge is questioning a witness during a round of examination. 

Answer (A)  ➡️ Used when a witness is responding to an attorney/agent/judge during a round of examination. 

Colloquy/Normal (N) ➡️ Used for all dialogue outside of a round of examination for all speakers. 

Exhibit (E) ➡️ Used only for the marking of an exhibit parenthetical. 

Other Parenthetical (O) ➡️ Used for all non-exhibit parentheticals. 

Swear-In, Examination title, byline, proceeding end ➡️ These content types are in the editor but are NOT to be used. 

Changing Content Types in the Editor:

💡 Note: Hotkeys can be customized in the Keyboard Shortcuts Tab: 💡 

Throughout the proceeding, you will switch between using these two types of dialogue. Usually the proceedings will begin in colloquy with introductions and swearing in. Once an attorney begins taking the testimony of a witness, Q&A is "switched on." Q&A stays switched on for the taking attorney and the witness/deponent, until the examination is interrupted. Once interrupted, Q&A switches off, and colloquy resumes until the next time the taking attorney addresses the witness. This switches Q&A back on again.  

Content Type Batch Tool

To save time on repetitive formatting, the Batch Content Tool is now live in the Legal TC editor. This feature allows you to update content types (Q, A, or N) for a specific speaker throughout the entire file in one click, rather than manually adjusting every individual monolog.

Watch the tutorial here: Demo Video

Best Practices for Batch Updates:

When using the batch Q/A/N tool partway through a transcript, you will be presented with two options:

• Yes, Change Monologues Going Forward" (red box): Use this to change all content types for the speaker from this point to the end of the transcript. 

• Update Them All (gray box): Use this to chane all content types for the speaker for the entire transcript.

• No, Leave Them Be (gray box): Use this to only change the content type for the selected monologue and leave the rest unchanged.

A Note on Manual Overrides:

While the batch tool is powerful, it is not a "set it and forget it" solution. You must still review the record for instances where the speaker’s role shifts.

Example: If you batch-label the taking attorney as (Q) throughout the file, you must still manually revert any marking of exhibits or speaking outside of the examination to colloquy (N), as per our Style Guide standards.

When to use Colloquy (N)

Colloquy is the default spoken content type in the Editor and is indicated by content type N. 

Colloquy is used:

• Exclusively for certain speakers, like court reporters, videographers, clerks, etc.

• For all speakers when an examination is not in progress.

• For an objecting attorney during examinations.

• For any interruption during the examination.

• When the taking attorney/agent addresses someone other than the witness/deponent during examination.

• When the witness/deponent addresses someone other than the taking attorney/agent during examination.

• For some file types that do not contain any examination or taking of testimony.

When to use Q&A 

Now that you know generally what colloquy and Q&A are, and how to assign these spoken content types in the Editor, let's take a closer look at when it is appropriate to use Q&A.

Here are a few general rules regarding Q&A:. 

• Q would only ever be assigned to the attorney/agent currently taking testimony. 

• A would only ever be assigned to the witness/deponent who is giving testimony. 

• After an interruption, examination can only resume with a Q, never an A.

• An A only ever comes after a Q, never after an N (colloquy) or parenthetical (non-spoken content type O or E)

Content Type Guidelines: Depositions

A deposition is a formal, out-of-court session where a witness provides sworn testimony under oath. It is a key part of the discovery phase of a lawsuit, used by attorneys to gather information, lock in witness testimony, and prepare for trial.

While depositions do not take place in a courtroom before a judge, the testimony carries the same legal weight as if it were given in court.

Here are some FAQ's that may help steer you in the right direction.

Question:  When do I start using Q&A?

Answer: If you have a complete file, or the first split that has one or more rounds of examination, you would look for cues from the court reporter or other official that the proceedings have begun. This will often be after the witness has been sworn in. The court reporter may say something like, "You may begin." addressed to the taking attorney. The very first time the attorney addresses the witness after this point is given a Q, what follows from the witness will be given an A. This is the start of the examination and Q&A is switched on. 

Example: 

Question: During the examination the witness asks the taking attorney a question. Should I use Q, A, or N content type? 

Answer: Even if the literal structure of what the witness/deponent is saying is not an answer, you would still use an A when they address the taking attorney during a round of examination. Likewise, if the taking attorney addresses the witness in a way that is not a question, if it's during the examination you would use a Q.

Example:

Question: When the examination is over, when do I stop using Q&A?

Answer: Once the attorney has asked the final question they will usually say something along the lines of "nothing further", "that's all from me" et cetera. That is a signal that the last question has been asked. The final statement comes after the last question has been answered and would be when Q&A is switched off. You would give this statement an N (colloquy).

Examples: 

Sometimes another round of questioning by another attorney will follow. At this point the witness may be "passed" to the next, or crossing attorney, who will begin a new round of examination. From that point on, the crossing attorney will be given a Q. If the attorney who took the first round of examination objects or interjects during this next  round of examination, they will be given an N content type. 

Note: In the above example you can also see that sometimes a speaker's monolog needs to be split between two content types, especially in a change of address. In the above example Ms. Gains's first remark is to the attorney and court reporter, then she begins examining Ms. Doe. This is split between colloquy (N) and (Q).  

Question: What content type do I use if an attorney objects?

Answer: For an objection by the taking attorney toward the witness, separate the objection into a new speech block and use content type N. 

Example: 

MR. JONES (Q): Have you seen this photo before?

THE WITNESS (A): I don't even have a camera.

MR. JONES (N): Objection. Non-responsive.

MR. JONES (Q): Please answer the question I've asked.

For an objection or interruption by any other speaker, you would use content type N. Remember, an A can only follow a Q, so if the witness answers after an interruption in colloquy, their answer will also be in colloquy, N.

Example: 

Question: What if another attorney interrupts the taking attorney to ask a question?

Answer: When an attorney who is not the taking attorney asks a question, this is considered an interruption and the question would be given an N, colloquy. 

Example: 

Note: The interrupting attorney may go on to formally examine the witness at a later stage in the proceedings. At that point, they would become the taking attorney and you would use content type Q. 

Question: What if another attorney asks several questions during the taking attorney's turn, as if it were their turn?

Answer: When an attorney who is not the taking attorney asks a series of questions during the taking attorney's turn, this is usually a part of the proceeding called voir dire and should be in Q&A. This will be obvious in the context of the proceeding if it's meant to be voir dire.

Note: No parentheticals are needed for this portion of the proceeding. Just use Q&A for the series of questions.

Example:

MR. SMITH: I'd like to mark the witness's resume as Exhibit 1. 

MR. JONES: I'd like to voir dire first.

MR. SMITH: Go ahead.

MR. JONES (Q): Mr. Witness, when did you start at Company ABC?

Note: Voir dire can occur in both depositions and trial type proceedings.

Content Type Guidelines: Non-Depositions 

This section outlines formatting and content guidelines for non-deposition proceedings. These proceedings should typically be transcribed in colloquy form unless specific circumstances require otherwise, even if there are questions being asked and answers given. Care should be taken to identify the correct content type and apply the appropriate structure to ensure clarity, consistency, and alignment with legal transcription standards.

Content Type Overview for Non-Deposition Projects 

• Examination under oath ➡️ Use Q&A.

• Sworn and Unsworn Statements ➡️ Use Q&A if conducted by an attorney. 

  • If using all colloquy, label the person giving the statement as MR./MS. SURNAME, not THE WITNESS.

• Statement on the Record ➡️ Use Q&A if conducted by an attorney. 

  • If using all colloquy, label the person giving the statement as MR./MS. SURNAME, not THE WITNESS.

• Police interrogations and interviews ➡️ Use N, colloquy. DO NOT use Q&A. 

  • Label the person being interrogated/interviewed as MR./MS. SURNAME, not THE WITNESS.

• Independent or compulsory medical exams (IME or CME) ➡️ Use N, colloquy. DO NOT use Q&A. 

  • Label the doctor performing the exam as DR. SURNAME and the person being examined as MR./MS. SURNAME.

• Insurance interviews, unless the interview is conducted by an attorney ➡️ Use N, colloquy. DO NOT use Q&A. 

  • Use Q&A if conducted by an attorney. 

  • If using all colloquy, label the person being interviewed as MR./MS. SURNAME, not THE WITNESS.

• Commutation Hearings (These are identifiable from the customer resources, which will often refer to the recording as a Commutation Public Hearing) ➡️ Use N, colloquy. DO NOT use Q&A. 

  • Label the person being commuted as MR./MS. SURNAME, not THE WITNESS.

• Parole Hearings ➡️ Use N, colloquy. DO NOT use Q&A. 

  • Label the person being paroled as MR./MS. SURNAME, not THE WITNESS.

• Police body cams, city council meetings, board meetings, job interviews, other meetings (discovery files) ➡️ Use N, colloquy. DO NOT use Q&A. 

  • Label any person being questioned as MR./MS. SURNAME, not THE WITNESS.

💡EXCEPTION: For all of the above, and any other file types, if there is a Special Instruction that is different to this guidance, always follow the Special Instruction 💡 

Content Type Guidelines: Trials and Hearings 

This section outlines content type guidelines for trial and hearing proceedings. Depending on the type of proceeding, these content types often follow structures similar to depositions, including the use of question-and-answer formatting. 

• A hearing is a formal proceeding where evidence is presented to a judge to determine a specific issue related to a case. Hearings are usually shorter and less formal than trials. 

• A trial is a formal proceeding where evidence is presented to a judge and possibly a jury (though not all trials are jury trials) either to determine:

  • The guilt or innocence of a person accused of a crime (criminal case).

  • The outcome of a civil dispute (civil suit).

Think of a trial or hearing as a continuation of the deposition process. The primary goal is still the same: capturing a verbatim record of sworn testimony, legal arguments, and procedural exchanges.

• The Same Players: You are still dealing with a witness (the deponent), an examining attorney, and opposing counsel.

• The Same Structure: The flow of Question (Q) and Answer (A) remains the backbone of the transcript.

• The Same Content: Much of the evidence and testimony presented in court was first "vetted" during the depositions you’ve already worked on.

The Main Differences:

The only major "new" elements are the presence of a Judge (who acts as the ultimate authority on the record) and possibly a Jury. If you can handle a complex multi-party deposition, you can handle a trial with confidence.

During trials and hearings a judge is present. Generally, the judge's monologs are formatted using colloquy, content type (N). However, there is some specific guidance for handling questions from a judge.

Content Type Overview for Trials and Hearings 

• Question (Q) 

  • Used when an attorney is questioning a witness during a round of examination.

  • Used when the judge is the sole examiner.

• Answer (A) 

  • Used when a witness is responding to an attorney during a round of examination. 

• Colloquy/Normal (N) 

  • Used for all dialogue outside of a round of examination for all speakers. 

Use Q&A if the judge is the sole examiner: 

During a round of examination of a witness, if the judge is the sole examiner of the witness, you can use Q for the judge when they ask questions. However, make sure this is a complete examination and not one or two questions.

This most often happens when a witness is appearing pro se → pro se means the witness is representing themselves.

Example:

THE COURT (Q): Was your vehicle scrapped after the accident?

THE WITNESS (A): No, Your Honor.

THE COURT (Q): Okay. Where is that vehicle now?

Use Colloquy (N) if the judge is examining a Pro Se Witness:

There may be times when a pro se witness is actually examined by a judge. During this kind of examination of the pro se witness by the judge, you would use the colloquy (N) content type.

Example:

THE COURT (N): Mr. Smith, you said your plumber was present during the inspection?

THE WITNESS (N): Yes, he was.

THE COURT (N): Can you tell me what he said about the leak?

THE WITNESS (N): He said that it was caused by damage to the pipes.

THE COURT (N): And did he say what may have damaged the pipes?

THE WITNESS (N): He didn't.

THE COURT (N): Was the plumber the only person who inspected the leak?

THE WITNESS (N): No. I had also called my insurance company about it and they sent someone.

Use Colloquy (N) for the judge if the judge is simply interjecting questions: 

If the judge is interjecting questions DURING or AFTER an attorney's examination of the witness, do not use Q&A. The questions from the judge should be in colloquy, content type (N). The witness's responses to the judge should also be in colloquy, content type (N).

Example:

MR. SMITH (Q): What time did you leave home that day?

THE WITNESS (A): At around 5:00 a.m.

THE COURT (N): Do you always leave home that early?

THE WITNESS (N): Yes, Your Honor.

Use Colloquy (N) if the judge is posing questions on behalf of the jury: 

Once the attorneys have finished examining the witness, if there is a jury present, the judge will often ask the jury if they have any additional questions for the witness. The judge will often then have a bench conference with the attorneys, out of hearing of the jury, and they will agree which questions should be posed to the witness. 

For these questions from the judge, use colloquy, content type (N). The witness's responses will also be in colloquy, content type (N).

Example:

THE COURT (N): Thank you, Mr. Witness. Before we excuse you let's see if the jury has any questions.

(at this point there may be a bench conference in which they discuss the Jury's questions)

THE COURT (N): Mr. Witness, was there ever a time that you left home earlier than 5:00 a.m.?

THE WITNESS (N): No.

Further questions from attorneys in a trial: 

Sometimes in a trial, after the attorneys have completed their examination of the witness, and once the judge has posed any questions from the jury, the judge will give the attorneys an opportunity to ask the witness final questions, based on the witness's responses to questions from the jury.

These questions/answers will be formatted in colloquy

Example:

THE COURT (N): Counsels, do you have any follow-up? 

MR. THOMSON (N): Just one, if I may, Your Honor.

THE COURT (N): Sure.

MR. THOMSON (N): Mr. Witness, you said you never left home earlier than 5:00 a.m. How many years has that been your routine?

THE WITNESS (N): Since I started working for Acme. 

MR. THOMSON (N): Which was in what year?

THE WITNESS (N): 2022.

MR. THOMSON (N): Thank you.

Special Parentheticals for Trials and Hearings:

Jury Entering - When a jury enters the courtroom (usually announced by the bailiff):

Other Parenthetical: (Jury entered the courtroom.)

 Jury Exiting - When a jury exits the courtroom (usually announced by the bailiff):

Other Parenthetical: (Jury exited the courtroom.)