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Section 7: Markup and Parentheticals
Markup & Parentheticals Guidelines
Markup & Parentheticals Guidelines
Aside from dialogue during legal proceedings, there are also non-spoken events that need to be marked. This is called markup. For markup of these non-spoken events we use non-spoken content types and speaker labels.
When transcribing, only use the approved parentheticals discussed in the sections below.
Do not use parentheticals that are not listed in these guidelines.
Speaker Labels for Markup
Speaker Labels for Markup
Exhibit and Other Parenthetical speaker labels are assigned automatically when setting the non-spoken content type to Exhibit or Other Parenthetical. These speaker labels cannot be changed.
Off the Record Content
Off the Record Content
An off-the-record parenthetical indicates when a break is taken or the proceedings go off the record for a discussion. If the reporter forgets to turn off the recording device you can exclude any spoken content until the proceedings resume.
Rules for off the record parentheticals:
The off-the-record tag does not replace the words spoken by the court reporter/videographer. You would still capture the spoken words, for example, "We are going off the record."
To mark an off the record event, use:
Other Parenthetical: (A recess was taken.)
The spoken words resuming the proceedings would also be captured.
Note:
Do not use a tag when proceedings resume.
Do not use a tag at the end of the project if the proceedings have concluded.
Do use a tag if your specific project has ended with the participants going off the record, but the proceedings have not concluded.
This is not off the record content and should be transcribed:
Objections and other interruptions by participants where they may start talking amongst themselves about the case, but no one has implied or stated that it is off the record.
Sidebar/Bench Conference: The judge asks for participants to approach the bench. The judge may or may not ask for other parties to leave, such as the jury or observers.
Preliminary announcement of the case and parties present, and swearing in of the witness should always be transcribed, even if it occurs before "on the record" is announced.
Orders at the end of the file should be included, even if they occur after the "off the record" is called.
Some projects will not have a formal Q&A structure but are not considered off-the-record.
The following project types should be transcribed using colloquy (N):
Police interrogations and interviews
Independent or compulsory medical exams (IME or CME)
Insurance interviews that are not conducted by an attorney
Police body cams, city council meetings, board meetings, job interviews, other meetings (discovery files)
💡Exception: If there is a Special Instruction that is different to this guidance, always follow the Special Instruction 💡
What if the words "off the record" were not clearly spoken, but it was implied and they are now talking about the weather and dinner plans?
If it can be reasonably assumed an off-the-record was the intention, and they are no longer talking about the case or proceedings, then you would not need that chatter included, but you would still need to note (A recess was taken.) The tag file might be helpful here.
What if I am transcribing a split file and the split I have starts with speakers talking about things unrelated to the legal proceeding, such as the weather and dinner plans?
If your split starts with chatter unrelated to the proceedings, you can use the full audio track and tag file (if available) to verify if your split starts in the middle of a section of the proceedings that is off the record.
If you have the first split and it starts with seemingly "off record" chatter, check the tag file (if one is available) to verify if there is a time noted for when proceedings started. You also would not need an (A recess was taken.) tag. As always, if you are entirely unsure, you should include it.
What if the videographer takes the proceeding off record, but the court reporter continues on?
The transcripts we produce are the written record. The videographer produces a video record. Therefore, if the court reporter specifically has not taken them off the record, and the proceedings continue, this content must be included.
Exhibits
Exhibits
Exhibits are physical or documentary evidence referenced during legal proceedings. During some legal proceedings the attorneys or judge will "mark", "admit", "attach" an exhibit, or have it "received" into evidence.
Exhibit Representations in the Transcript:
Exhibits are considered an official document and "Exhibit" is capitalized when referring to a specific one, as well as the word "Number" when referencing an exhibit.
I would like to mark Exhibit Number 1 into evidence.
I am showing you Exhibit 15 for your review.
Do you have a copy of Exhibit 10 for me to look at?
When a descriptor is added to the exhibit, capitalize the descriptor as well.
Note: Do not add the descriptor to the parenthetical.
This is Defendant's Exhibit 2.
Take a look at Stipulated Exhibit Number 4.
When the word "exhibit" is being used as a general reference, do not capitalize it.
I would like to know if we have the exhibits prepared.
Would you like me to keep this exhibit with me?
Capitalize the description of the exhibit if it's being used as a title and not just saying what it is.
This is Exhibit 1, Plan of Survey.
This is Exhibit 1, which is a plan of survey.
The plan of survey is going to be Exhibit 1.
This is Exhibit 3, titled Email.
This is Exhibit 3, an email from your employer.
This email is going to be Exhibit 3.
Always use the numeral or singular letter, not text, for the exhibit number. Do not use Roman numerals.
Exception: If an attorney requests a marking with a roman numeral AND the exhibits are listed as roman numerals in the resources, then it is acceptable to use. Otherwise, roman numerals should generally never be used for exhibits.
Exhibit 1, Exhibit 2, Exhibit 3A, Exhibit 12, Exhibit B, Exhibit D, etc.
How to Create an Exhibit Parenthetical:
The tag is inserted at the end of the monolog where the attorney/judge references the exhibit and before the next speaker label.
The Exhibit non-spoken content type and speaker label are used.
The parenthetical is in sentence case with a period inside the parenthesis.
During a deposition:
For each exhibit that is marked for the record use:
During a hearing or trial, for an exhibit that is admitted/received into evidence use:
Note: While exhibits at the trial stage are typically only admitted/received, exceptions occur. If an exhibit was never officially marked during discovery or a prior deposition, the attorney may mark it "on the fly" during the hearing.
Please stay alert for this distinction to ensure the record accurately reflects whether the item is being marked, admitted, or both. This scenario is very rare however, so note that if an attorney is marking a brand new exhibit, it will be obvious within the context of the proceeding.
For a single exhibit that is marked/received, use:
Exhibit: (Exhibit # was marked for identification.)
Exhibit: (Exhibit # was received into evidence.)
For multiple exhibits that are sequentially numbered or lettered exhibits that are marked/received, use:
Exhibit: (Exhibits # to # were marked for identification.)
Exhibit: (Exhibits # to # were received into evidence.)
For multiple exhibits that are marked/received, but are not sequentially numbered or lettered, use:
Exhibit: (Exhibits # and # were marked for identification.)
Exhibit: (Exhibits # and # were received into evidence.)
Exception:
The following customers will ALWAYS have all exhibits individually marked/received in separate parentheticals. If the customer you are working on is not on this list, please follow the examples to the right.
Kentuckiana (Courtney Busick)
Milestone (Milestone Reporting Co.)
Splitting up Q & A and colloquy (N) when marking an exhibit:
When an attorney/judge requests to mark or admit an exhibit, it is assumed that the request is directed at the court reporter or other official to include the exhibit in the official record. For this reason, we always use colloquy (content type N) when such a request is made, even if the attorney is speaking to the witness.
Some examples of verbiage to look out for that indicates an exhibit parenthetical should be used:
During a deposition from an attorney:
We will mark this photograph as Exhibit 1.
Please attach that as Defendant's Exhibit 5 to the deposition.
The updated CV will be marked as Exhibit Number 9.
This will be Exhibit 7.
Let's make that Exhibit 5.
During a hearing or trial from a judge:
Hearing no objections, I will admit this exhibit into evidence.
Exhibit 5 is admitted into the record.
I will receive Exhibit 10 into evidence.
Note: Typically, only the examining attorney should mark exhibits during their designated turn. Opposing counsel rarely marks exhibits while another attorney is conducting their examination. Please exercise careful judgment and use the provided context to ensure exhibits are marked only when appropriate and by the correct party.
If an exhibit is mentioned several times during the proceedings, do I create a parenthetical each time it is mentioned?
If an exhibit has already been tagged in the proceedings and is referenced again, you do not need to mark it again. Be sure that your parenthetical has been inserted the first time the exhibit was mentioned and marked for inclusion in the record.
Examples of verbiage that might indicate an exhibit was previously marked:
"I’d like you to take another look at the exhibit I showed you earlier…"
"Let’s pull up Exhibit 8 again …"
💡If you're working on a split file and are unable to verify if the exhibit was previously marked (using the tag file or other resources) then err on the side of caution and tag it. 💡
Where exactly should I place the exhibit parenthetical?
To ensure the transcript remains clear and easy to navigate, please follow these placement rules for exhibit parentheticals:
The Primary Rule: Place the parenthetical directly after the attorney explicitly states they are marking the exhibit.
If the attorney explicitly states they are marking the exhibit, talks about it for a bit, and then marks it again, place the parenthetical after the first marking.
The Delayed Mark: If an attorney discusses an exhibit for several minutes before officially marking it, wait until the formal marking occurs to insert the parenthetical.
The Implicit Introduction: If the attorney discusses an exhibit in detail but never explicitly says "Mark this" out loud, place the parenthetical at the point where they first introduce or reference the exhibit.
Examples:
Explicit Marking:
MR. SMITH (N): I'd like to mark this as Exhibit 1.
Exhibit: (Exhibit 1 was marked for identification.)
The Delayed Mark:
MR. SMITH (Q): I'm handing you a three-page memo dated January 5th. It appears to be a contract negotiation. Take a look at the second paragraph. Do you see where it mentions the price point?
THE WITNESS (A): Yes, I do see that.
MR. SMITH (Q): And was that price agreed upon during that meeting?
THE WITNESS (A): It was.
MR. SMITH (N): Let's go ahead and mark this as Exhibit 12.
Exhibit: (Exhibit 12 was marked for identification.)
The Implicit Introduction:
MR. SMITH (N): Let's take a look at this photo of the intersection.
Exhibit: (Exhibit 2 was marked for identification.)
MR. SMITH (Q): Can you point out where your vehicle was positioned at the time of the impact?
In this scenario, we will need to check the resources. In these hypothetical resources, Exhibit 2 was clearly marked as a photo of the intersection. Since the attorney never explicitly said out loud to mark the exhibit, we should place the parenthetical after it is first mentioned.
Certified Questions
Certified Questions
When questioning a witness an attorney may ask that a question be certified. This usually happens when a witness is instructed by their attorney not to answer the question.
Occasionally, the parties may also certify an objection. If the witness is still instructed not to answer, please use the same parenthetical. If the witness is not instructed not to answer, no parenthetical is needed.
The request to certify a question is directed to the court reporter and should be in content type N (colloquy) followed by a tag formatted as follows:
Confidential Proceedings
Confidential Proceedings
If a portion of the proceeding is designated as being confidential by the attorneys or in the customer-provided resources, use the following tags and transcribe the content.
DO NOT omit any dialogue. This is not a redaction request.
Bench Conferences
Bench Conferences
Bench Conferences, sometimes called Sidebars
During a trial, attorneys may wish to speak briefly to the judge or confer amongst themselves in a bench conference or sidebar. As a general rule, these bench conferences or sidebars should be transcribed.
They are often difficult to hear or are masked by the use of a white-noise machine. Reminder that there is no upper limit on inaudible usage in Legal TC, but it may always be helpful to check the backup audio for a clearer audio to use. Use the appropriate parenthetical at the start and conclusion of the bench conference.
When the bench conference begins:
Other Parenthetical: (Bench conference held out of the hearing of the jury.)
Note: If there is not a jury present, use:
Other Parenthetical: (Bench conference held.)
When the bench conference concludes:
Other Parenthetical: (Bench conference ended.)
In-Transcript Notations
In-Transcript Notations
This section outlines the approved in-transcript notations. The notations listed below are the only ones permitted for use. Do not create, modify, or substitute notations. If a notation is not included in this section, it is not acceptable for use in the transcript.
For content that cannot be resolved: Use the standard inaudible tag with a timestamp. Make sure to review again after you have more context. [inaudible 00:00:00]
Do your absolute best to clear markers. Slow down the audio if needed.
(Q) Was [inaudible 00:30:00] with you?
(A) Yes, Jim was with me.
→ This was probably "Jim" and if you listen again with that context it may pop right out at you.
Note: There is no maximum number of allowed inaudibles in any particular project.
If a question has clearly been asked and there is no audible answer: (No audible response).
MR. JONES (Q): Is that true?
THE WITNESS (A): (No audible response).
MR. JONES (Q): You shook your head yes.
THE WITNESS (A): Yes.
Note: This is not meant to replace an inaudible, this is used when nothing was spoken at all.
Non-English language: DO NOT use foreign language tags for dialogue between the witness and interpreter when an interpreter is present. However, in files with or without an interpreter, if a foreign word or phrase is spoken and what follows would not make sense without it, you may use (foreign language spoken). Capitalize Foreign if this tag occurs at the beginning of a sentence.
He said (foreign language spoken) which means something like parliament in Croatian.
Phonetic Tag: If the correct spelling of a word or name cannot be ascertained in the resources, or after a reasonable Google search, type the word as it sounds phonetically, followed by (phonetic).
Use for names that CANNOT be confirmed via a reasonable Google search or resources.
Always do a reasonable Google search.
Researching and having correct names is very important in a legal transcript.
Only tag the first instance of the phonetically spelled word and make sure the phonetic spelling is consistent throughout the transcript.
If both a first and last name together are spelled phonetically, use the tag only once after the full name is spoken.
If a court reporter specifically notes that a spelling in their worksheet is phonetic, you should also use a phonetic tag in the transcript.
Sic Tag:
Use (sic) when a word is significantly mispronounced in a way that may cause confusion, or is used incorrectly and doesn’t get corrected immediately. The sic tag is used to indicate that the word was transcribed exactly as spoken and it was the error of the speaker, not the transcriptionist.
Example:
I was born in 1892 (sic).
My mother, he (sic) was always very supportive of my father.
Used every time the word is used/mispronounced
Do not use if the speaker corrects themselves:
Did you hear that, Ms. Thomason -- Ms. Thompson?
Do not use for bad grammar or common made-up words.
DO NOT USE (sic) merely to point out someone's inartful use of English. Reserve it for items which could reflect on the accuracy of the transcript.
Ask yourself: "Will the reader assume this is a transcriptionist's typo?" If the error is a stylistic quirk that doesn't reflect poorly on the accuracy of the transcript, omit the (sic) tag. Reserve the tag only for instances where the error is so egregious or confusing that it might be mistaken for an oversight on your part.
💡NOT ALL ERRORS need (sic); use it sparingly 💡
Additional Legal Resources
Additional Legal Resources
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