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When can court reporters go off the record?

  1. At any time during the trial

  2. Only when the judge permits it

  3. When both attorneys agree

  4. Once per session

The correct answer is: When both attorneys agree

Court reporters have the authority to go off the record primarily when both attorneys agree. This ensures that all parties involved in the legal proceedings are on the same page and collectively consent to temporarily halt the official record. It is a collaborative decision that maintains the integrity of the legal process and respects the roles of both the judge and the attorneys present. In many cases, going off the record might involve discussions or negotiations that are not relevant to the official transcript, and having the agreement of both attorneys safeguards the transparency and fairness of the proceedings. The role of the court reporter is to capture an accurate record of the trial, so it is essential that any off-the-record conversations are mutually endorsed to preserve the legal framework. The other options either misrepresent the procedure or imply conditions that are not standard practice. For example, while it may seem feasible for court reporters to go off the record at any time, doing so without the consent of both attorneys may lead to confusion or potential disputes regarding the accuracy of the official record. Similarly, suggesting that a judge permits this action implies a requirement that is not necessarily aligned with general practice, as consent from attorneys supersedes the need for a judge's specific permission for this situation. Lastly, the characterization of going off the record as being