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Instructing the witness not to answer

Asked by CaliforniaScribe {110}
6/15/2011 3:53:46 PM

Hello, I have a quick question about setting up the index page.  The attorney instructed the witness not to answer.   On the index page, do I show the page and line number of the actual question, or do I show the page and line number as where the attorney actually said, "I'm instructing her not to answer"?   Thank you, Olivia 

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Answered by pinksteno {1009}
6/15/2011 7:43:37 PM

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Where I work that instruction means the question is to be marked for a ruling.   Yes, I also index the page/line number with the full question.  It makes it easier for the attorneys to quickly review any questions that were blocked during the deposition.

Thank you. :)    -    CaliforniaScribe 6/16/2011 6:38:16 PM | Flag
You're welcome.    -    pinksteno 6/18/2011 9:36:07 PM | Flag


Answered by Melvin {451}
6/15/2011 4:25:32 PM

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I've always wondered this, too.  But I always indicate the page/line of the question, only because my logic tells me that the attorney who asked it and wants to make a motion will be looking for his question, not the instruction.   I'm curious to know what others are doing.  And I've been doing this job for a l-o-o-o-ng time.

Thank you, Melvin. I think your logic makes a lot of sense! :)    -    CaliforniaScribe 6/15/2011 4:30:49 PM | Flag


Answered by Rosalie {1907}
6/15/2011 6:43:56 PM

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Yes, you put the page/line number.  I was also taught you are supposed to put the whole question on the index page.

Thank you. :)    -    CaliforniaScribe 6/16/2011 6:37:48 PM | Flag


Answered by CaliforniaScribe {110}
6/16/2011 6:39:50 PM

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Thank you, everyone, for all of your help!  I really appreciate it.  This is such a great forum!  I love it!  --Olivia



Comments from Facebook

Vesna Walter
My index says, Questions instructed not to answer, or something to that effect. Then, By Mr., so I put the page and line # of t he question that was asked and by whom.
Thursday, June 16, 2011
Anne Bryant
My agency has us put in a marker at the end of the actual question, and that is what we put in the index, the page number where the marker is (should the question be split up amongst two pages).
Thursday, June 16, 2011
Brenda Rogers
I put it where the instruction is. I write it in at the time and there it stays. They can certainly look up at the question to see what it is.
Thursday, June 16, 2011
Lori Mandriota
I find this odd. We don`t do anything. It`s in the transcript so unless we are verbally asked to mark something such as this for a ruling, we don`t do anything with situations as you`ve described. And in that case, I just mark the page and line number in a Rulings Index.
Thursday, June 16, 2011
Jeanese Johnson
Agreed. You want to index the actual questions so when your atty gets his/her transcript, they can find all the questions and go to Court seeking the appropriate remedy... ;).
Thursday, June 16, 2011
Lydia Hardison
What state are you in? I can give you the Texas way, but I`d rather not write it here and have 20 different people disagree if you`re not from Texas.
Thursday, June 16, 2011
Brenda Rogers
Really, this is a paralegal function. Because it`s automatic with the stroke I write at the time, it`s easy. If I had to comb through and then manually index it, I wouldn`t do it. If the reporter didn`t do it, it`s really not THAT big a deal because it will be done when the paralegal indexes the transcript.
Thursday, June 16, 2011
April Hansen
I agree with Lori. We only put it in the index if the attorney says certify the question. Otherwise, we don`t do anything. This is in Illinois. :)
Thursday, June 16, 2011
Amy Crain Self
In CA I`ve seen (and I do it this way as well) is it set up as WITNESS INSTRUCTED NOT TO ANSWER and then Directly under that, and centered, the page and line of the question asked, not the page and line where the atty instructed. Same thing with, Mark that question, or Certify that question. Hope all this advice helps you.
Thursday, June 16, 2011
Kelly Green
I agree with Lori too. I don`t put anything unless the atty says Please certify the question. Then on the index page, I make a heading CERTIFIED QUESTIONS and then under that, I put Page 5, Line 1. If there`s more than one, I hit return and put Page 10, Line 20, and so on. Some questions the atty knows he`s not going to get an answer too or he doesn`t want to mess with.
Thursday, June 16, 2011
Michelle Iadonisi Eak
I agree with Lori and Kelly. You don`t index it unless they ask you to certify the question.
Thursday, June 16, 2011
Nancy Ceglarek
only if the attorney says certify the question, then that part of the transcript with the Q, objection, and certify that part are copied and moved to an entirely new transcript for the judge to rule on titled QUESTIONS CERTIFIED TO THE COURT -- laborious and, yes, I hate certified questions!
Thursday, June 16, 2011
Theresa Ferris Bartels
In NY, usually if the attorney instructs the witness not to answer, it is marked for a ruling by the questioning attorney. The question is marked with an asterisk in the transcript and then on the Index page under rulings, the page/line number is listed.
Thursday, June 16, 2011
Jineen Pavesi
I just index the pg & line # where the atty in colloquy said not to answer, works for me, no complaints in 30 years
Thursday, June 16, 2011
Lisle Dewar
In CA, I put Unanswered Questions In the Index and put the page and line number of the question the witness was instructed not to answer. This way the attorneys can find it right away when they take it to court to have the judge rule on it. Sometimes after the question is asked, there is half a page or a page of colloquy before the actual instruction is made. Therefore, it is best to index the page and line number of the actual question.
Thursday, June 16, 2011
Robyn Maxwell
I only do that when I am told to certify the question. I live in Florida so different states have different rules. Check your state repoerts` manual.
Saturday, June 18, 2011
Mark Patterson
I just had an instruction to witness not to answer a question today regarding a felony that was expunged from the witness` record years prior...I list on the index page Questions Instructed Not to Answer, and below that will be the Page and Line of the QUESTION asked that was objected to. That is what I learned.
Thursday, June 23, 2011

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