Legal Definitions - offset account

Off the record refers to information, statements, or discussions that are not intended to be formally recorded, quoted, or attributed. It carries two primary meanings, often depending on the context:

• In legal proceedings: When used in the context of a trial, deposition, or other official legal process, "off the record" means that a statement, comment, or testimony is not being formally recorded by a court reporter or other official means. Such discussions are therefore not part of the official transcript or evidence of the proceeding.

• In general communication: More broadly, "off the record" means that a statement or piece of information is shared with the understanding that it will not be publicly quoted, published, or attributed to the source. This allows for candid communication without formal accountability.

Here are some examples illustrating the use of "off the record":

• Example 1 (Legal Proceeding): During a break in a complex civil trial, the judge might have an off-the-record conversation with both legal teams about the logistics of scheduling expert witnesses for the following week. This discussion is crucial for trial management but is not formally transcribed by the court reporter, meaning it won't appear in the official record of the proceedings.

  Explanation: This illustrates the first meaning because the conversation, while important for the trial's smooth operation, is explicitly kept out of the formal court transcript and therefore cannot be used as official evidence or precedent.

• Example 2 (Journalism/Public Relations): A high-ranking government official might provide a journalist with off-the-record insights into the internal political dynamics surrounding a new policy proposal. The official shares this information to give the journalist a deeper understanding of the situation, but with the strict condition that the details cannot be published, quoted directly, or attributed to the official or their department.

  Explanation: This demonstrates the second meaning, where information is shared confidentially, not for public dissemination or attribution, allowing for more candid communication without formal accountability.

• Example 3 (Negotiation/Settlement): In a mediation session for a contract dispute, the parties and their lawyers might engage in off-the-record discussions about potential settlement figures and compromises. These conversations are intended to explore solutions without creating formal admissions or offers that could be used against either party if the mediation fails and the case proceeds to litigation.

  Explanation: Here, "off the record" signifies that the statements made during these sensitive negotiations are not to be used as evidence or quoted in any subsequent legal proceedings, encouraging open dialogue towards a resolution.