In legal transcription, what does it mean when comments indicate a discussion “off the record”?

In legal transcription, when comments indicate a discussion is "off the record," it signifies that the remarks made during that time are not intended to be included in the official legal record. This means that whatever was said will not be documented in the transcripts that may be used as evidence or referenced in court. The purpose of identifying something as "off the record" is to create a space for frank and candid conversation, allowing participants to discuss matters without the information being legally binding or subject to subpoena.

This practice is crucial because it establishes a clear boundary between what is formally recognized in legal proceedings and what remains confidential or informal. As a result, the transcriber must be attentive to such designations and ensure that the corresponding comments are excluded from the official record to maintain the integrity of the legal proceedings.