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When an attorney says, "Mark it." How do you notate that in the Index page? Would you put line and page number? Do you just notate marked testimony and then the page? Now that it's come up, I don't think I've ever had to mark a question before. Thank you for any help.
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Usually when an attorney says, "Mark that," what he means is note it in the index. Usually it's questions that are not answered or an instruction not to answer.
QUESTIONS NOT ANSWERED
PAGE LINE
If it's not a question that was an instruction not to answer, I do the following:
PORTION OF TRANSCRIPT REQUESTED TO BE MARKED
PAGE LINE
My index wording is slightly different than Kelli's:
REQUEST TO MARK TRANSCRIPT
Page Line
The steno is KW/MARK/MARK and that brings in a parenthetical that I called "transcript marked."
(Request to mark transcript.)
This has the code in it so that it'll show up on the index.
I've never had anyone use the term "mark it". I've often had attorneys ask me to certify a question. In that instance, I put it in the index on its own page
CERTIFIED QUESTIONS
Page Line
Q. ................................................
A. ................................................
(insert colloquy of the dialogue between the attorneys)
(end with attorney's request to certify the question.)
And a signature line at the bottom of that page with my certification so the attorney can present that one page to the judge for a ruling. Although that was my practice in Florida, which from my understanding, Florida is sort of backwards from the rest of the country ;)
Whether they say "Mark it" or "Certify it" or whatever, I always head the index page CERTIFIED QUESTIONS.
M.A.
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