Divorce depo.  I was waiting for everyone to get ready for the depo, my atty was in his office preparing, his client was in the room with opposing counsel and the wit when the client started arguing with opposing counsel.

She demanded that I go on the record to capture what was happening even though my atty wasn't in the room and the wit had not been sworn in.

Everyone's thoughts on this one 

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Wait until everyone is in the room.

You don't go on the record till everyone is in the room and the witness is sworn in.  That attorney should know better.

Thanks!  My confusion is that the Code states that whenever someone wants to go on the record, you do it, but there is not mention of when that starts.  There are times where I've had to be on the record, even though people walked out.

Yeah.  That's a good question, because the Code does say that.  Wouldn't the best bet to say "we are now on the record"  and if they're dumb enough to keep arguing, then that's their problem?  And then when other counsel comes in the room, say, "I was instructed to go on record and we had an exchange on the record.  Would you like it read back?"  Better yet, always leave the room before a divorce depo starts, especially if one counsel is out of the room...haha.  Man, those things can get ugly.


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