Objection to Using Skribe? Overruled!

When litigators are working hard to help their clients, they are looking for support from all angles. Trusler Legal was moving forward with a case and was being stymied by an opposing counsel who didn’t understand the rules regarding non-stenographic testimony, or was determined not to play by them.

Christi and her team wanted to use Skribe.ai to take their depositions to save money for their family law clients and to dramatically increase the speed of delivery. Their opposing counsel objected to the non-stenographic deposition complaining about the purported use of an “AI in lieu of a Court Reporter.” Christi’s firm was determined to use a non-stenographic solution clearly permitted by law for her client and decided to challenge opposing counsel’s objection and set it for a hearing before the judge. It was clear from the parties briefing that opposing counsel did not understand that non-stenographic depositions are clearly permitted under Texas Rule of Civil Procedure 199.1(c). 

This proved a strong anchor for Christi’s legal argument. Rule 199.1(c) explicitly permits the use of non-stenographic recording methods, like Skribe. If another party prefers to hire a stenographer, they are welcome to do so at their own expense. Rule 203 further explains that in a non-stenographic deposition, the party may rely on the non-stenographic recording as the record or a transcript of it. In other words, the non-stenographic recording (video and/or audio) is the official record and the transcript is merely a reference tool.

There was also an “undue burden” argument raised by opposing counsel, which is interesting to consider since Skribe is cheaper, faster, and more convenient than using a stenographer. As part of the review process, all attendees of a Skribe deposition are provided a complimentary copy of the non-stenographic recording and exhibits, generally within one business day of the deposition.

After hearing the motion to quash, the Judge ruled in Christi’s favor, acknowledging the deposition was noticed correctly, complied with the law governing non-stenographic depositions, and that Skribe was indeed a valid and completely permissible method of capturing testimony. Now Trusler Legal gets to continue with their scheduled deposition using Skribe.

In standing on solid ground, Christi believed waiting 60 days to schedule with an available stenographic court reporter and then 45 days post-event to get her deposition materials (without rush fees!) was a frustrating and unacceptable delay to her or her clients. She knew she could have a much faster delivery with Skribe and save her client a lot of money, so she fought. 

Imagine the choice between paying thousands of dollars and waiting 105 days for traditional court reporting agencies versus paying a few hundred dollars and finishing the scheduling, deposition, and getting your video-synced deposition record in just four days total. Now Christi’s team will be analyzing and sharing relevant clips of her video deposition just hours later.

The court’s ruling makes one thing crystal clear: Skribe is not only a cost-effective and efficient solution for capturing testimony but is also permissible under the existing legal framework in most jurisdictions. This ruling sets a precedent that will pave the way for more attorneys to confidently assert their right to use Skribe’s services in their depositions.

We are proud of Christi’s win and remain committed to supporting our clients by offering a reliable, compliant, and innovative tool for recording, transcribing, and analyzing legal testimony.

Now that you have a choice, we are excited to help lawyers at Trusler Legal obtain the justice their clients are seeking faster and at a lower cost

Software has the power to revolutionize the legal industry and we will continue to champion Skribe’s positive influence within the legal community. This win is just the beginning.

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You may also be interested in: Skribe FAQ