What can lawyers do if a court reporter fails to appear for a deposition but they still want to process the testimony?

When a court reporter fails to appear for a deposition, lawyers still have the option to authenticate the recording of the deposition or seek to have attorneys testify about what was stated during the deposition. This approach is valid because it preserves the content of the testimony even in the absence of an official transcript produced by a court reporter.

In jurisdictions where the rules permit, attorneys might create their own notes from the deposition or make an audio or video recording (if permitted). They could then use those recordings or notes to reference the testimony provided. The goal is to ensure that the testimony is still usable for the case, particularly if the testimony is critical for trial or further proceedings.

This method allows parties to capture the substance of the deposition even when procedural challenges arise, maintaining the integrity of the relevant testimony while still adhering to legal standards for what constitutes evidence.

The other options do not effectively address how to manage the situation of a court reporter's absence appropriately. Ignoring the absence would leave a gap in the record, proceeding with a new deposition may not be necessary if the original testimony can be preserved, and filing a motion for dismissal does not resolve the issue of wanting to process the deposition testimony. Thus, authenticating the recording or relying on lawyer testimony about what