14.1 Types of Proceedings & Federal Read and Sign
Key Takeaways
A deposition is sworn out-of-court testimony taken for discovery before an officer, with no judge present; FRCP 30 governs federal depositions.
An examination under oath (EUO) is sworn questioning of an insured by an insurer under the insurance policy, not under court rules.
An examination in aid of execution is a post-judgment proceeding in which a creditor questions a debtor under oath about assets.
Under FRCP 30(e), if requested before the deposition is completed, the deponent has 30 days after notice that the transcript is available to review it and sign a statement of changes with reasons.
The FRCP 30(f) officer's certificate must note whether review was requested and attach any changes; the transcript itself is never edited to match the changes.
AAERT describes the CET as transcribing "digitally recorded court and non-court proceedings." Blueprint topic 40201 lists the types to know: "trials, hearings, depos, Examination Under Oaths, Aid of Executions, arbitrations, mediations, meetings, statements, etc." Topic 40204 adds the Federal read-and-sign protocol.
The proceedings
| Proceeding | What it is | Who presides / questions | Transcript features |
|---|---|---|---|
| Trial | The court decides the case on evidence, with a judge or jury | Judge presides; attorneys examine witnesses | Full court format: openings, examinations, exhibits, jury notations, closings |
| Hearing | A court session on a specific issue: motion, evidentiary, bail review, sentencing, plea, status | Judge | Often mostly colloquy; sometimes witnesses (the Scalini bail review hearing has one) |
| Deposition | Sworn testimony taken out of court for discovery, before an officer (FRCP 28 and 30 in federal cases) | No judge; attorneys question; officer administers the oath | Officer's opening statement, stipulations, Q and A, objections noted for later ruling, read-and-sign |
| Examination Under Oath (EUO) | Sworn questioning of an insured by the insurer, required by the insurance policy after a claim | Insurer's attorney questions; officer swears the witness | Deposition-like; governed by the policy, not court discovery rules |
| Examination in Aid of Execution | Post-judgment examination of a judgment debtor about assets and income, to collect a judgment (called supplementary proceedings in some states) | Creditor's attorney questions under oath; a court officer or reporter may administer the oath | Q and A about finances, accounts, property |
| Arbitration | Private dispute resolution in which an arbitrator (or panel) decides the case | Arbitrator presides; parties present evidence | Trial-like; speaker IDs such as THE ARBITRATOR:; parties often Claimant and Respondent |
| Mediation | Negotiation assisted by a neutral mediator, who does not decide | Mediator | Usually confidential and not recorded; if terms are put on the record, handle as confidential |
| Meeting | Board, commission, council or corporate meetings | Chair | Speaker IDs by name or title; motions, votes and roll calls |
| Statement | A recorded statement, often sworn, taken outside litigation (for example, by an insurer or investigator) | The questioner | Simple Q and A; identify everyone present |
| Administrative hearing | Agency adjudication before an administrative law judge or hearing officer | ALJ or hearing officer | Speaker IDs such as ADMINISTRATIVE LAW JUDGE: or THE HEARING OFFICER: |
Why the type matters to the transcriber
- Title page: the proceeding type appears on it (TRANSCRIPT OF BAIL REVIEW HEARING, DEPOSITION OF..., EXAMINATION UNDER OATH OF...).
- Speaker IDs: use the presiding officer's actual role; there is no THE COURT at an arbitration.
- Format rules: court proceedings in federal court use federal format; depositions follow the rules of the court where the case is pending and the client's format; EUOs and statements follow the client's format.
- Confidentiality: mediations, EUOs and many administrative hearings are not public.
Depositions: the officer's opening and closing
Under FRCP 30(b)(5)(A), the officer must begin the deposition with an on-the-record statement that includes the officer's name and business address; the date, time and place; the deponent's name; the administration of the oath or affirmation; and the identity of all persons present. At the end (30(b)(5)(C)), the officer states that the deposition is complete and sets out any stipulations about custody of the transcript, recording and exhibits. Transcribe all of it.
Federal read and sign (FRCP 30(e))
The rule
FRCP 30(e)(1): "On request by the deponent or a party before the deposition is completed, the deponent must be allowed 30 days after being notified by the officer that the transcript or recording is available in which: (A) to review the transcript or recording; and (B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them."
FRCP 30(e)(2): "The officer must note in the certificate prescribed by Rule 30(f)(1) whether a review was requested and, if so, must attach any changes the deponent makes during the 30-day period."
On the record
At the end of a deposition, you will often hear:
- MR. RUIZ: We'll read and sign. (review requested), or
- MS. LEE: The witness will waive signature. (review not requested)
Transcribe the exchange verbatim. It determines what pages the transcript needs.
What the transcript package includes
| If review is requested | If review is waived |
|---|---|
| A signature page for the deponent (acknowledging review) | No signature page |
| A blank errata sheet (page, line, change, reason) | No errata sheet |
| An officer's certificate noting that review was requested, later with the changes attached | An officer's certificate noting that review was not requested |
What never happens
The transcript is never re-edited to incorporate the deponent's changes. The errata sheet is attached, and the original testimony stays, so that both are available. Changes "in form or substance" go on the errata sheet with reasons; courts decide what weight to give them.
State rules on reading and signing vary (deadlines, and whether a notary must witness the signature). Follow the rules of the court where the case is pending.
An insurance company's attorney questions a policyholder under oath about a fire claim, as the policy requires. What type of proceeding is this?
A deposition under FRCP 30
An examination under oath (EUO)
An examination in aid of execution
A mediation
Under FRCP 30(e), when must the deponent or a party request review of a deposition transcript?
Within 30 days after the deposition ends
At any time before trial
Only after the transcript is filed with the court
Before the deposition is completed
After reviewing her federal deposition, a deponent submits a signed list of three changes with reasons. What happens to the transcript?
The changes are attached, and the officer's certificate notes that review was requested; the testimony itself is not re-edited
The transcriber edits the testimony so it matches the changes
The changes are discarded unless the judge approves them first
The transcriber issues a new transcript showing only the corrected version
Sections you finish are checked off in the contents.