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Help re: CA Code of Civil Procedure 2025.330(e), court reporter reads the questions to the witness

Hi everyone,

I had a depo the other day where the noticing attorney handed me a sealed envelope and told me I was to read the questions inside to the witness. After asking more questions and calling the CSR Board, this is CA Code of Civil Procedure 2025.330(e). After all counsel asked their questions, I opened the envelope and typed the question and read it out loud to the witness, then took down the witness's answers, along with any objections by counsel. Now I'm unsure of how to set up my transcript for this part. Has anyone done a depo with this setting? I took all these questions and answers down in the same deposition transcript that I had been doing for all the prior questions by the other attorneys and asked them after they were done asking their questions. I actually had two witnesses that day with the same scenario. On the second depo, an attorney had one or two more questions for the witness and we finished.

How do I set up my transcript? Anyone have any examples to help me out? I'm unsure of how to do the "Examination By/Question By" part, or if I even do that at all and instead if I put a little blurb that says something like "Whereupon, the court reporter read the following questions from parties representing so and so."

Thank you so much in advance!!

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Permalink Reply by Quyen on January 15, 2017 at 22:52

I've done this. There are really no hard-and-fast rules that I'm aware. You can kind of make it up as you go. I'd put in a parenthetical like so (or whatever wording of your choice):

(The following examination conducted by written questions propounded by Mr. XYZ as read by the reporter to the witness.)

Then set up the examination the same as you would for the attorneys, but identify yourself as THE REPORTER. At the end of the written questions/examination, put in a closing parenthetical like so (or some such wording):

(End of examination by written questions.)

Then continue to set up the examinations like you normally would for the attorney(s) present in the room.

HTH.