Bar News - April 7, 2006
Tips on Producing a Clear Courtroom Recording
By: Susan J. Corcoran
As technology advances, change is inevitable. This is particularly apparent in the courtroom. “For the Record (FTR) Gold Reporter” is the digital audio recording system being implemented throughout courtrooms in New Hampshire. FTR creates high-quality recordings of court proceedings that can be played back immediately or at a later time. Microphones placed around the courtroom carry voice audio to an audio mixer and sound card installed on a computer in the courtroom. The audio is recorded and later burned onto a disk. When a transcript is requested, the disk is then sent to a transcriptionist for transcribing.
In order to produce a clear, high-quality recording, there are several things attorneys need to keep in mind:
- Speak clearly. Don’t jumble your words or trail off at the end of a sentence. Speak in a steady, even tone of voice.
- Remain next to and in front of the microphone. The microphones clearly pick up any noise within two to three feet. Standing too far away or with your back to the microphone diminishes the quality of the audio.
- Use the mute button. The microphones are sensitive to any noise within close proximity. Therefore any conversation may be picked up and recorded, potentially making it part of the record. Pressing the mute button on the microphone will prevent any private conversations or statements not intended to be part of the record from being transcribed. When speaking to a client privately, push and hold the mute button on the microphone.
- Noise interference. Paper shuffling, coughing, sneezing, and other loud noises next to the microphone interfere with the quality of the recording. When referring to documents or charts, flip pages before or after speaking. Background noises such as sneezing or coughing can also intrude on the clarity of the record. Pause in your questioning until the room is silent and then start again. Ruffling paper, pen-clicking, jangling keys or change, and loud continuous background noise makes it difficult to hear what the speaker is saying and can lead to inaudible portions of a future transcript.
- One at a time, please. Talking at the same time as someone else means nobody gets heard. Each party needs to be allowed to finish what he or she is saying. When more than one person is speaking, it is almost impossible to determine who is saying what.
- Don’t wander. Walking about the courtroom or back and forth to the witness stand or judge’s bench while talking contributes to a “fading in and out” quality in the recording. Talk, then walk.
- Bench conferences. There is a flat microphone located on the judge’s bench. Speakers should make sure they are in close proximity to this microphone before speaking. Allow other counsel room near the microphone as well when they begin to speak. Don’t cover the microphone with documents or your hand or arm when sharing information with the Judge. Covering the microphone prevents the bench conference from being part of the record.
- Testimony of witnesses. Remember to instruct your witnesses to answer in verbal responses. A shaking or nodding of the head cannot be recorded or transcribed. Hand gestures and body movements cannot be recorded or transcribed. If the actions of the witness are critical to their testimony, you should verbalize what the witness is demonstrating so that it may become part of the record as well.
- Do not adjust microphones. Although it may be tempting to touch or adjust the equipment, it has been strategically placed for optimal audio quality. Further, adjustments to the microphones are audible on the recording. If you must move a microphone, ask the court monitor to assist you.
Don’t hesitate to ask the court monitor any questions or concerns you may have regarding the clarity of the record. Ultimately, it is your record. Keeping the above tips in mind will ensure that it is clear and accurate.
CD’s of proceedings are available from the court and can be played on the FTR Player Plus. The FTR Player Plus software can be downloaded free of charge by visiting
the Web site: www.FTRGold.com.
Susan J. Corcoran is Court Monitor at the Merrimack County Superior Court.
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