I was in on a deposition for a trial that will be heard in July. There was a court reporter present although the deposition took place in a private office, not in a court room, and the plaintiff was sworn in. It is real estate related.

The plaintiff brought up and said some things that other entities and persons not directly involved in the case would have a material interest in. They would not join the case, they would though be interested in pursuing his other business dealings and unreported income, legal status and perjury etc.

Is a deposition public record automatically or does it first have to filed with the court?

Can it be sent to an entity that would like to know the information and testimony if they were aware it existed?

Can the information be passed on to the other entities before trial is over or is that consider harassment of the plaintiff?

The deposition first has to be transcribed by the sitting court reporter. Generally either of the attending attorneys can order the deposition transcribed. The transcription is then held by that attorney to be referred to in the courtroom at trial if needed. The attorney can pick from the witnesses' statements and refute what that person said in their deposition in the courtroom. It is not considered ethical for the contents of a deposition to be used in any other manner other than to refute a witness' statements in a courtroom. The deposition is generally not filed with the court. And no, it is not public information if it is not filed with the court. A court reporter may not divulge it's contents either. She is a notary public and swears in the witnesses and takes down the proceedings in a deposition. If the deposition IS filed with the clerk's office, then yes, the deposition may be read by anyone who looks at the court file.

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Originally Posted by twinkiedooter

The deposition first has to be transcribed by the sitting court reporter. Generally either of the attending attorneys can order the deposition transcribed. The transcription is then held by that attorney to be referred to in the courtroom at trial if needed. The attorney can pick and choose from the witnesses' statements and refute what that person said in their deposition in the courtroom. It is not considered ethical for the contents of a deposition to be used in any other manner other than to refute a witness' statements in a courtroom. The deposition is generally not filed with the court. And no, it is not public information if it is not filed with the court. A court reporter may not divulge it's contents either. She is a notary public and swears in the witnesses and takes down the proceedings in a deposition. If the deposition IS filed with the clerk's office, then yes, the deposition may be read by anyone who looks at the court file.

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100% correct - one small thing different in my area. ALL depositions are transcribed and paid for by the Attorney who hired the Court reporter.

The argument often is whether that deposition then becomes the work product of the "hiring" Attorney and, therefore, does NOT have to be submitted to the other side if subpoenaed. The reporter/steno is considered to be an employee of the "hiring" Attorney which shields her from being subpoenaed to testify by the other side OR to produce her records and notes.

(Stenos/reporters make their income by the page, not by the hour so if Attorney's could pick they would all go broke - quickly.)