When should a deposition reporter go off the record?

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A deposition reporter should go off the record when all parties stipulate. This means that all parties involved in the deposition agree to pause the recording for a specific reason, which can include discussions, clarifications, or preparations for certain questions. The reporter needs to ensure that the record accurately reflects the proceedings and can only accurately do so when all parties are in agreement about moving off the record. This practice helps maintain clarity and ensures that there is a mutual understanding among all parties regarding what is being discussed or decided outside of formal testimony.

Going off the record during breaks or at the end of a deposition can also be appropriate, but the key aspect of stipulation means that it is a consensual decision among all parties, making it a more formal and structured reason to pause the recording. It ensures that any off-the-record comments or discussions are held with the consensus of everyone involved, maintaining professional integrity throughout the deposition process.