Court Reporter Practice Exam

When can parties go off the record during a deposition?

1. When the judge permits it

2. When both attorneys agree

3. When the witness requests it

4. At any time during the deposition

The correct answer is: When both attorneys agree

In the context of depositions, parties can go off the record when both attorneys agree. This ensures that all parties involved in the deposition are on the same page and maintain control over the process. The agreement signifies mutual consent, which is crucial for preserving the integrity of the deposition and ensuring that no critical information is inadvertently missed. While the judge may have authority over the deposition proceedings, judges are typically not present for the entirety of a deposition unless specific circumstances arise. The choice of whether to go off the record is primarily held by the attorneys involved, making their mutual agreement the most appropriate and common scenario. A witness could request to go off the record, but such a request does not automatically grant that right; it still hinges upon the agreement of the attorneys. Thus, the emphasis is on the attorneys' concurrence to maintain procedural order and clarity in the deposition process. Going off the record at any time without mutual agreement could lead to misunderstandings or disputes later about what was stated during the deposition.