Rev: Legal Transcription Style Guidelines

Section 3: Speaker Labeling

Speaker Labeling Guidelines

Every speaker in a transcript must be labeled, and labels should reflect the speaker’s role in the proceeding. This section outlines the specific rules for applying speaker labels correctly and consistently. 

💡 Note that ALL speaker labels must always be in ALL CAPS. 💡

Labeling Attorneys

Attorneys are always MR. or MS. followed by the correctly spelled last name supplied in the resources, or by introduction. MS./MR. [LAST NAME]

Example: MS. SAUNDERS

• Do not use first names for attorneys.

• Do not use initials unless you need to distinguish between two attorneys with the same surname.
  Example: To distinguish between Mr. John Brown and Mr. Michael Brown:

  • MR. J. BROWN

  • MR. M. BROWN

• Do not use "Miss" or "Mrs." even if spoken that way. Always use MS. in the speaker label or Ms. in the speech block. You may type Mrs. as spoken in the body of the transcript. 

• If the resources are incorrect and label an attorney as a MR. when they should be a MS., or vice versa, always correct in the speaker labels and transcript.

Labeling The Witness

The witness is the person being examined or giving testimony. They may also be referred to as the deponent. 

The speaker label for the witness is: THE WITNESS

If there is only one witness present during the proceedings, their label should be THE WITNESS at all times.

Example:

Multi-Witness Proceedings:

If there is more than one sworn-in witness being questioned independently (not at the same time) use the following speaker labels:

Note: Independently means that only one witness will be questioned and then released from examination at a time. 

BEFORE BEING SWORN IN

Before the witness is sworn in and after the examination is concluded, use the witness's name.

 Example:

(Before being sworn in)

THE COURT (N): Is Christina Cranton next?

MS. CRANTON (N): Yes. I am here.

THE REPORTER (N): I'll now swear you in.

Example:

(After the examination is concluded)

MS. TORO (N): Those are all the questions I have for you.

MS. CRANTON (N): Great. Thanks.

THE COURT (N): You may step down.

AFTER BEING SWORN IN

After the witness is sworn in and during the examination, use THE WITNESS. You may also use THE WITNESS during the swear-in itself. 

If both witnesses are sworn in at the same time, even if questioned independently, please use their name during the swear in itself.

If there is more than one sworn-in witness being questioned at the same time (during the same round of examination) use the following speaker labels:

Note: "at the same time" means literally at the same time (see editor screenshot below)

Before the witness is sworn in and after the examination is concluded use the witness's name. 

After the witness is sworn in and during the examination use THE WITNESS.

• Please use the witness's names during the swear-in itself.

• Identify the different witnesses by placing their name in parentheses before they begin speaking.

Role Speaker Labels and Other Participants

There are a number of participants in a legal proceeding who are identified by their role in the proceedings. When labeling these participants use the role speaker labels provided below. 

Note: The following standard role speaker labels are to be used for ALL CUSTOMERS, regardless if a customer provides an alternative. Additionally, the "Speaker Names" section in the editor is NOT meant to show speaker LABELS. Those are just spellings for names of participants that the customer may or may not provide.

• THE REPORTER ➡️ The person directing the events in a deposition. 

  •  DO NOT USE: COURT REPORTER, THE COURT REPORTER, DEPOSITION OFFICER or any other variation provided by the customer.

  • If there are multiple reporters present:

  • If they both speak on record, REPORTER SURNAME for both is preferred. 

  • If name is unknown, use REPORTER 1 and REPORTER 2. 

  • If the reporters are not on record at the same time (i.e. there is a break and they hand off), there is no need to distinguish, use THE REPORTER. 

• THE VIDEOGRAPHER ➡️ The person videorecording the proceedings. 

  • NOTE: When a videographer is present along with the reporter, the videographer often assumes the responsibility of taking proceedings on and off the record. 

  • Pay extra-close attention to tone, pitch, and other voice differences to make sure you are able to discern between the videographer and reporter.

• THE INTERPRETER ➡️ The person verbally interpreting the proceedings for the witness. 

• THE NOTARY ➡️ The person who swears in the witness when a reporter is not present, or is not authorized to do so. 

  • Example: If the witness is located in a state or country in which the reporter is not authorized to administer oaths. 

  • Note: If a reporter refers to themselves as both a court reporter and a notary, label them as THE REPORTER.

  • If a speaker introduces themselves only as a notary but is clearly performing the reporter’s duties (directing the deposition, going on/off record, etc.), label them as THE REPORTER.

  • Use THE NOTARY only if the person is solely swearing in the witness and not acting as the reporter in any other capacity.

• THE CLERK  ➡️ Typically the person the judge would speak to regarding schedules, etc.

  • Note: This role is generally only present during hearings or trials.

• THE BAILIFF  ➡️ Responsible for managing the jury in the courtroom and for handling any communications between the judge and the jury. This person can sometimes be referred to by other speakers as the "deputy" or "marshall".

  • Note: This role is generally only present during hearings or trials.

• THE WITNESS  ➡️ The person testifying. You may also hear them referred to as the deponent. 

• THE COURT  ➡️ Used for the judge. 

• JUDGE [LAST NAME]  ➡️ ONLY USED when more than one judge is present. 

• JUSTICE [LAST NAME]  ➡️ When a justice is conducting the proceedings and is identified as such, either in the context of the transcript or resources, use this speaker label.  

• ARBITRATOR [LAST NAME]  ➡️ When an arbitrator is conducting the proceedings and is identified as such, either in the context of the transcript or resources, use this speaker label.  

• INVESTIGATOR [LAST NAME] - SERGEANT [LAST NAME]  - CAPTAIN [LAST NAME]  - OFFICER [LAST NAME] - DETECTIVE [LAST NAME] - LIEUTENANT [LAST NAME]   ➡️ For discovery type files such as body cam files, interrogations, interviews, etc., where it is appropriate, you can use these speaker labels. 

  • Note: These can be used without names if names are not known, but you are sure of the designation.

• QUESTIONER  ➡️ Used only in Deposition on Written Questions 

  • (See Deposition on Written Questions section of this Style Guide).

• Contextual Role Speaker Labels  ➡️ If you do not know a participant's surname and they do not fit into any of the standard roles listed above, you may use their role based on context if you are certain of the role.

  • Examples: DETECTIVE, LIEUTENANT, DOCTOR, NURSE, TEACHER, etc. 

• FIRST NAME  ➡️ If a participant does not have a surname provided AND they do not fit into any specific role, you may use their first name only as a speaker label.

  • This label will typically be used, for example, if a child interrupts the proceeding. 

• SPEAKER #  ➡️ If a participant does not have any name AND they do not have a role at all, or you are unsure who is speaking, you may use SPEAKER # as their speaker label.

  • Note: This label must also always be in all CAPS.

  • Example: SPEAKER 1

• AUTOMATED VOICES  ➡️ Unless the automated voice is acknowledged or forms part of the proceeding, there is no need to include it. 

• An automated voice that the recording has started or stopped does not need to be transcribed.

• If an automated voice is acknowledged in some way that would make excluding it confusing, then you can transcribe it. Use an appropriate speaker label.

  • Example:

    • SIRI (N): Sorry. I didn't catch that.

    • MR. JONES (N): Apologies. That was Siri on my laptop.

• For an identifiable automated voice like Siri or Alexa, use:

  • SIRI

  • ALEXA

• For an unidentifiable automated voice use:

  • AUTOMATED

• SPEAKERS WITH THE SAME SURNAME  ➡️ Do not use initials unless you need to distinguish between two speakers with the same surname. 

  • Example: Two sisters participating in a hearing and neither are the witness:

    • MS. A. THOMPSON

    • MS. K. THOMPSON

• Participants Speaking in Unison  ➡️ Occasionally, multiple participants may speak at once. In these instances, use a collective speaker label that fits the context. Common examples include:

• ASSEMBLY

• GROUP

• PARTICIPANTS

• Note: This list is not exhaustive; use your best judgment to select a label that accurately describes the group speaking. Example:

  • ASSEMBLY: I pledge allegiance to the flag of the United States of America.

Labeling The Interpreter

When a witness speaks limited or no English, an interpreter is used whose sole purpose is to literally interpret the questions from English to the foreign language and the answers to English. The following are guidelines and examples for formatting dialogue when an interpreter is present.

Literal Interpretation:

A literal interpretation is when the attorney asks questions and the interpreter answers the question for the witness in the first person. If they are speaking as the witness or person they are interpreting for, they will be identified as the person they are interpreting for.

In this example, the interpreter is interpreting the questions and answers.   

 What is heard:  

Attorney:  State your name for the record.  

Interpreter:  Translates for the witness.  

Witness:  Answers in foreign language.  

Interpreter translates verbatim what was said by the witness:  My name is Katarina.  

How it is transcribed:  

MR. THOMSON (Q): State your name for the record.   

THE WITNESS (A): My name is Katarina.

Non-Literal Interpretation:

At times the interpreter will lapse into the third person when interpreting a witness’ answer. When this occurs, the non-literal interpretation is transcribed as shown below: 

What is heard:  

Attorney:  State your name for the record.  

Interpreter:  Translates for the witness.  

Witness:  Answers in foreign language.  

Interpreter answers in third person:  She says her name is Katarina.  

How it is transcribed: 

MR. THOMSON (Q): State your name for the record. 

THE INTERPRETER (N): She says her name is Katarina. ← notice the content type is (N) for colloquy.

Sometimes, the attorney will also lapse into the third person and will ask questions directly to the interpreter, rather than the witness. These "questions" should also be in colloquy N because they are talking to the interpreter.

Example:

MR. THOMPSON (N): Where did she say she lived?

THE WITNESS (N): I lived in Michigan.

OR:

MR. THOMPSON (N): Where did she say she lived?

THE INTERPRETER (N): She said she lived in Michigan.

💡The interpreter will always be identified as THE INTERPRETER when speaking on his/her own behalf. 💡

If the interpreter doesn't interpret:

Sometimes, the attorney may ask the interpreter to repeat what they said, and the interpreter, rather than asking the witness again in their language, will simply repeat the answer. How the interpreter frames this repeat is important contextually in determining who to attribute this speech to. 

If the interpreter uses an "I" statement, you will attribute this speech to the witness.

If the interpreter uses a "he", "she", or "they" statement, you will attribute this speech to the interpreter.

What is heard:

Attorney: What did you do after the party?

(here the interpreter interprets)

Witness: I went home.

Attorney: Can you repeat that?

[the interpreter says] I went home.

How it is transcribed:

MR. THOMPSON (Q): What did you do after the party?

THE WITNESS (A): I went home.

MR. THOMPSON (N): Can you repeat that? <-- asking the interpreter to repeat, so this is in N.

THE WITNESS (N): I went home. <-- using an "I" statement so we attribute this to the witness. Also in N because it is after an N interruption.

What is heard:

Attorney: What did you do after the party?

(here the interpreter interprets)

Witness: I went home.

Attorney: Can you repeat that?

[the interpreter says] She said she went home.

How it is transcribed:

MR. THOMPSON (Q): What did you do after the party?

THE WITNESS (A): I went home.

MR. THOMPSON (N): Can you repeat that? <-- asking the interpreter to repeat, so this is in N.

THE INTERPRETER (N): She said she went home. <-- using a "she" statement so we attribute this to the interpreter. 

Conversation between the witness and interpreter in a foreign language:

Any conversation between the interpreter and the witness in a foreign language is not transcribed, even if there is some English spoken.   

What is heard: 

Attorney: How old are you, Mr. Gonzalez?

Interpreter:  Translates for the witness in foreign language. 

A back-and-forth discussion ensues in a foreign language.

Witness:  Answers in foreign language.  

Interpreter translates verbatim what was said by the witness:  I’m 29.

Attorney: Ask him where he was born. 

Interpreter: Asks the witness the question in a foreign language.

A back-and-forth discussion ensues in a foreign language. 

Witness: Answers question in a foreign language.

Interpreter: He says Mexico.

How it is transcribed:

MR. TAYLOR (Q): How old are you, Mr. Gonzalez?  

THE WITNESS (A): I’m 29. 

MR. TAYLOR (N): Ask him where he was born. ← Notice the content type is (N) for colloquy.

INTERPRETER (N): He says Mexico. ← Notice the content type is (N) for colloquy.

Witness answers on their own behalf when interpreter is present:

When the witness is asked a question and instead of waiting for the interpreter, or the witness doesn't need the interpreter, the witness answers the question for him/herself and the interpreter doesn’t answer for them, use (In English) at the beginning of the answer. 

What is heard: 

Attorney:  So when was the renovation finished? 

Witness:  It probably took about six months before it was fully complete.  

How it's transcribed: 

MR. SMITH (Q): So when was the renovation finished? 

THE WITNESS (A): (In English) It probably took about six months before it was fully complete.  

This way, we know the witness answered the question and not the interpreter for them.

If the interpreter answers also:

• Do not use (In English) 

• Only transcribe the answer once, as spoken by the interpreter.

What is heard:

Attorney: So when was the renovation finished?

Witness: It probably took about six months before it was fully complete.

Interpreter: It took about six months.

How it's transcribed:

MR. SMITH (Q): So when was the renovation finished?

THE WITNESS (A): It took about six months.

💡If there is an interpreter present at any point of the proceeding or even just listed as a participant in the resources, even if they only speak once, or the witness doesn't end up using them, we should use an (In English) tag on every line spoken by the witness in English.💡

Interpreting for a Deaf or Hard-of-Hearing Witness

When transcribing a proceeding involving a deaf or hard-of-hearing witness, the process is handled with the same verbatim standards as foreign language interpretation. Whether the witness is communicating via American Sign Language (ASL) or another signed system, the interpreter is the "voice" of the witness for the record.

As spoken:

Attorney: How many applicants were there?

(here the interpreter is using sign language)

(here the witness is using sign language)

[The interpreter speaking as the witness]: I think there were roughly 47 applicants.

As transcribed:

MR. SMITH (Q): How many applicants were there?

THE WITNESS (A): I think there were roughly 47 applicants.

Please keep in mind that the onus of creating a clear record rests on the court reporter; therefore, if the interpreter remains silent or if an attorney who understands ASL or another signed system responds directly to the witness without a spoken interpretation, we must format that interaction as follows:

As spoken: 

Attorney: How many applicants were there?

(here the interpreter is using sign language)

(here the witness is using sign language)

(here the interpreter does not interpret or the attorney simply understands ASL)

Attorney: Great. Thanks. 

As transcribed:

MR. SMITH (Q): How many applicants were there?

THE WITNESS (A): (No audible response).

MR. SMITH (Q): Great. Thanks. 

Labeling Jurors

Speaker Labels for Jurors

Jurors should be labeled as follows in order of priority:

Note: These labeling standards also apply to potential jurors during jury selection.

1. JUROR [LAST NAME] ➡️ This is the preferred speaker label for jurors when names are available AND jurors can be identified. If you have both names and numbers for jurors, use the name. 

   • Label as: JUROR SMITH

     • Example:

       • THE COURT: Is Juror 1 here? Should be Matt Smith.

       • JUROR SMITH: Yes, I am here.

2. JUROR [NUMBER]  ➡️ Use this when you have the juror’s number but not their name. The number is not a speaker number, it is the number specifically assigned to that juror and often available in the resources or in the context of the transcript.

   • Example: 

     • A juror has been assigned the number 10. Their speaker label should be JUROR 10. 

3. JUROR + NUMBER ➡️ If you do not have numbers or names, but are able to distinguish between jurors, use this speaker label. The number here would be the speaker number. 

   • Example: 

     • A juror whose name and assigned number are unknown is the fifth juror to speak in the audio. Their speaker label should be JUROR 5. This is essentially the same rule as SPEAKER 5, but we are replacing SPEAKER with JUROR.

4. JUROR ➡️ Only use the standalone JUROR speaker label if you are unable to uniquely distinguish a juror in any of the ways described above. 

   • Example: 

• There is only one juror in your split and there are no resources to identify them by name or number.

• There are multiple jurors in the proceeding and they are identified by name/number, but one of the jurors speaks and you are unable to identify which juror it is, use JUROR.

5. JURORS ➡️ Only use the standalone JURORS speaker label if multiple jurors are answering in unison. This may happen if the jury is being addressed as a group and being asked to state their agreement or understanding.  

   • Example:  

     • THE CLERK: Please stand. Raise your right hand. Do you solemnly swear or affirm that the answers you shall make to this court touching upon your qualification as a juror shall be the truth? 

     • JURORS: Yes. 

Speakers Who Cannot Be Identified

Do your absolute best to reconcile speakers using the full audio track, resources, tag file, et cetera.

❓ What if I have a split file and it’s not the section that has the introductions? 

• Often by listening to the beginning of the audio file where the introductions are done you will be able to identify the speakers.

• You can skip back to the section of audio before your split for contextual clues that may help identify the speakers in your split. Do this by changing the media track in the editor to "Full Track" rather than "My Split."

• Using timestamps as a reference, you may be able to use the tag file (if one is available) to identify who is speaking.

💡When you have exhausted ALL these avenues to identify speakers, DO NOT GUESS. Use: SPEAKER + NUMBER 💡

Speaker Labels for Deposition on Written Questions

Not to be confused with a Deposition, a Deposition on Written Questions is a different type of legal proceeding and will be clearly noted a such either within the transcript or customer resources.

When a notary public or other official reads back questions from a provided document for the witness to answer:

In a deposition by written questions, a third party, such as a notary public or process server, presents the questions to the deponent. The questions are answered in the presence of the third party, who also attests that the answers are properly sworn. 

Use the following speaker labels and format: 

QUESTIONER (Q): What is your full name? ← (notary public or other official reads the question)

THE WITNESS (A): John Doe. ← (witness answers)

QUESTIONER (Q): How long have you been at your current address?

THE WITNESS (A): Ten years.

Example: 

Labeling a Pro Se Witness

A pro se witness is a party representing themselves without the assistance of an attorney.

Outside of an examination, use the party's name as a speaker label.

Example:

When the pro se witness is acting as an attorney, like when they are objecting to a line of questioning.

During rounds of formal  examination by another attorney use THE WITNESS when the pro se party is in the role of the witness answering questions from the taking attorney, and use their name if they are acting in their role as an attorney by, for example, raising an objection.

Example:

MS. BROWN (Q): Mr. Smith, you said your plumber was present during the inspection?

THE WITNESS (A): Yes, he was.

MS. BROWN (Q): Can you tell me what he said about the leak?

MR. SMITH (N): Objection. Hearsay.