Using Non-Stenographic Testimony in Court Briefings: Steps for Streamlined Filing with Skribe.ai

Non-stenographic deposition videos offer a flexible, impactful way to present testimony in court filings. Federal, Texas, and most state rules permit attorneys to use a transcription of these depositions without needing a certified shorthand (a.k.a. stenographic) reporter. Here’s a simple guide to using non-stenographic depositions effectively in your briefing.

Step 1: Obtain and File the Transcript of Your Non-Stenographic Deposition

The easiest and often sufficient method for incorporating non-stenographic depositions into court filings is to obtain a transcript of the deposition and file it with your briefing. Under both federal and Texas rules, a transcript of a non-stenographic deposition is treated just like one from a stenographic deposition:

• Federal Rules (FRCP 30(b)(3) & 32(c)): These allow depositions to be recorded by video or audio, with Rule 32(c) only requiring a transcript for reference, regardless of whether a certified shorthand reporter prepared it. The Advisory Committee notes further clarify that transcripts prepared by in-house personnel or legal vendors are permissible.

• Texas Rules (TRCP 203.6(a)): Texas similarly permits using transcripts from non-stenographic recordings to the same extent as those from stenographic depositions.

• Tip: Consider using a legal vendor like Skribe.ai to obtain a clear, reliable transcript of the video deposition.

Step 2 (Optional): Embed Video Clips for More Impactful Briefing

For attorneys seeking to add visual impact, embedding video clips of key testimony into your brief can be highly effective. With tools like Skribe.ai, you can create URLs for video clips that open directly in the reader’s browser, similar to sharing a YouTube link.

• How It Works with Skribe.ai: Skribe allows you to generate shareable video clip URLs for specific moments in the deposition. Embed these URLs directly in your brief to provide instant access to watch critical testimony. Litigators can also insert video clips into demands, reports, and more.
• Here is a helpful video tutorial:  

https://www.app.skribe.ai/clip/3c2a938c-9d69-48fb-943a-5661c85e0a31

Step 3 (Optional): File the Video Evidence for the Record

If there is any concern about making a record for appeal purposes, you can file the actual video with the court as part of the official record. This process is similar to filing other types of video evidence, like bodycam footage or surveillance videos.

• Process: Include a reference to the video evidence in your brief and arrange to submit it to the court on a USB drive or DVD. Many courts are accustomed to receiving video files, but you should check with the court’s staff to confirm their preferred method.
• Options with Skribe.ai: Skribe lets you download the entire deposition video or simply download clips used in your briefing. You can also create a reel of key clips as a single playlist to streamline the filing.

Summary

• Obtain the transcript of your non-stenographic deposition (e.g., through Skribe.ai) and file it with your briefing. This is sufficient under federal, Texas, and most state rules.
• Embed video clips (optional) to add visual impact, using Skribe’s clip URLs that open in the reader’s browser.
• File the video evidence (optional) with the court if needed for the appellate record, just as you would with other types of video evidence.

With tools like Skribe.ai, attorneys can easily use non-stenographic depositions to their advantage, offering both simplicity and versatility in court filings.