Nonverbal cues, such as body language, facial expressions, and tone of voice, can significantly impact the meaning and interpretation of spoken words. While these cues may seem subtle, they can be crucial in legal proceedings, as they can reveal underlying emotions, intentions, and credibility. However, accurately capturing and transcribing nonverbal communication in a legal transcript presents unique challenges. This article explores the importance of nonverbal cues in legal settings and the complexities involved in their accurate representation.

Parentheticals: Reading Between the Lines 

To note, or not to note?

         [He exits, pursued by a bear.]

         One of the most famous parentheticals in drama, this simple stage direction in Shakespeare’s A Winter’s Tale may well be an example of the perfect parenthetical: succinct, clear, and to the point.

         When it comes to court reporting, however, noting nonverbal events is a bit of a balancing act. It is good practice to make such notes so that the transcriber can be assured that a long pause, for example, is not due to a technical problem. Furthermore, it can be necessary for the transcript to reflect actions that contribute to the clarity of the record. However, it is important that the transcript does not veer into the dramatic, reading more like a screenplay than a legal document.

         Logging your annotations can be a highly personalized method. But that doesn’t mean you’re entirely on your own. Let’s explore some best practice tips from reporters in the field, and the AAERT Best Practices Guide. We’re confident you may have some tips of your own—please comment to share your own expertise.

Time and tide wait for no man

Noting the passage of time

         If we’re fortunate, some recesses will be taken, especially in longer proceedings. When reviewing a transcript, it can be helpful for the reader to be informed not only when the breaks took place, but also how long they lasted. 

The AAERT Best Practices Guide provides some guidelines for noting breaks. For example, if the judge calls for a brief recess, the final transcript might read something like this: 

         THE COURT:  Fifteen minutes, please. 
         THE CLERK:  All rise. 
(Recess from 11:45 a.m. to 1:05 p.m.) 
         THE COURT:  Alright, let’s continue now. 

         Note that although the judge called for a 15-minute recess, the break was not exactly 15 minutes; this probably happens more often than not. The reporter should simply note the beginning and end times of the recess. 

         You can take advantage of hotkeys, shortcuts, or software settings for annotating the recess in your log, such as **EVENT or **NOTE. As always, the details can be noted in your own shorthand. Here’s an example: 

         J: 15 pls 
         C: All rise 
         **EVENT: Recess 11:45-1:05
         J: AR.  Let’s cont now.
Or, you may prefer to have a dedicated **RECESS tag ready to go. 

If your annotation software automatically logs when you go on and off the record, take advantage with a single annotation.

         **OFF THE RECORD: 11:45 a.m.
         **RECESS
         **ON THE RECORD: 1:05 p.m.

         If the specific times are not available, the AAERT Best Practices Guide suggests using the simplest parenthetical, such as (recess, resumed/jury present). The resulting transcript may look something like this: 

         THE COURT:  Fifteen minutes, please. 
         THE CLERK:  All rise. 
(Recess taken. Court resumed; jury present) 
         THE COURT:  Alright, let’s continue now. 

You can still note this break in a helpful way for your transcriber. For example:

                  **EVENT: Recess, resumed, jury present

Defining Moments 

Identifying key events within the proceeding

         Whether reporting a deposition or a court proceeding, it’s important to identify the key events in the proceeding for the transcript. For a refresher, refer to Section 1: Court Proceedings and Section 3: Freelance/Depositions of the AAERT Best Practices Guide. 

         Some key takeaways here come down to identifying what phase of the proceeding is taking place, and all the participants who are present. Remember that in criminal proceedings, you’ll need to note if the defendant is present.

         Using **NOTE or **EVENT tags can be extremely helpful for quickly taking down these notes. 

         Here are some examples for court proceedings: 

                  **EVENT: Call to Order of the Court, jury and defendant present 

         You may wish to incorporate your own shorthand here, perhaps: 
                  **EVENT: Call Ord Ct - jury, def pres
                  **NOTE: Proceedings continued outside the presence of the jury

         Or shorten it to:
                  **NOTE: Proc contd w/o jury

         And for depositions: 

              **EVENT: Direct Examination Begins

              **NOTE: Witness’s wife, Ramona Flowers, leaves the room

What goes without saying

Annotating nonverbal communication

         Nonverbal communication can be an important part of the transcript. Examples include gestures, consulting documents, audio or video being shared, or individuals entering or leaving the room. 

         These details not only add important information to the transcript that would otherwise be lost, but they also assist the transcriber—especially during long pauses, when a witness is reading through a document, for example. A simple note can assure the transcriber that the long silence is not a result of equipment failure.

         You may wish to establish a nonverbal event key in your software; alternatively, you may wish simply to add a note of the nonverbal event in your annotations, perhaps in parenthesis to signify the note is not part of spoken testimony. 

         Even if you are a reporter who does not transcribe your transcripts, it’s a good idea to become familiar with Section 5 of the AAERT Best Practices Guide. Knowing what goes into the final transcript can inform your annotations, making the whole production process smooth and seamless. 

Appropriate Parentheticals

         There are several things to keep in mind when annotating nonverbal events.

         Jurisdictions can vary as to what parentheticals are allowed; for example, there may be a rule that parentheticals may only be inserted when the event is remarked upon by a judge or attorney. 

         That being said, as a reporter, it can be wise to err on the side of more details rather than omitting potentially important ones. Let’s take a look at some parentheticals that are useful to note.

1. Gestures

                  THE WITNESS: The pain started here. (Points to left shoulder)

2. Exhibits

         If an exhibit is introduced verbally, what they say ("I'll now show you Exhibit A," or "Let the record show the witness has indicated the red vehicle on the left") make it obvious what is happening.

         However, there are times when the verbal communicate is ambiguous:

         Q       Show us on the map where the accident took place.

         A       I was approaching this intersection (indicating).

         or

         A       Come to think of it, I never saw this document either (Exhibit A).

3. Nonverbal

         Q       And were you aware of this practice at the time? 

         A       (Nods affirmatively) 

         Q       And how did you know the defendant was there?

         A       (No audible response)

                  THE REPORTER: I'm sorry, I didn't hear your answer.

                  THE WITNESS: I don't know.
4. Pauses while consulting a document or other item

         Q       To the best of your knowledge, are these claims correct? 

         A       (Silently reads Exhibit A) 

         Q       How many times did my client call you? 

         A       (Consulting cell phone) Okay. It looks like they called 17 times.

5. Individuals entering or leaving the room whilst on the record

         (WHEREUPON, Plaintiff Julia Adams leaves the room.)

                  ** EVENT: William Jones, paralegal to Mr. Wright, enters

                  MR. JONES: I found the document. Here you are. (Leaves the room) 
6. Audio or video

         It might not be easy for the transcriber to discern if they are hearing testimony, a playback, or an audio or video recording. Be sure to give them the clarity they need to ensure a complete and accurate record. If your software automatically logs the time of your annotations, mark the beginning and end of these playbacks.

                  MS. SMITH: Can I get that question played back, please? 

**EVENT [14:45:26]: Playback begins
**EVENT [14:45:59]: Playback ends 

THE WITNESS: Alright, I think I understand now. Let me walk through the process.

         Q       Can you identify the individual on the security footage?

**EVENT: (Exhibit 12 – Security Footage 8-22-24 played on screen from 2:51 p.m. to 2:53 p.m.) 

A       It’s hard to be sure, but I think it’s Jane Doe. 

Unnecessary Parentheticals 

         While noting important nonverbal events is important, keep in mind the transcript is not a screenplay. Omit details that do not add to the clarity of the record, such as (laughing), (cell phone ringing), (clearing throat), (a knock upon the door), and the like. 

 

Your turn! 

         How do you note nonverbal communication and events? Has there been a time when you were unsure about annotating something nonverbal? There’s always something new to learn from fellow reporters—join the conversation by adding your comments or messages on our Facebook page!