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I was asked about 2 or 3 times throughout depo to mark the transcript because the attorneys were going to order a motion to compel because the witness refused to answer certain questions.
How am I supposed to mark the transcript?? IDK what to do
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I wonder if Case does that
Eclipse will auto-index exhibits AND what I call DNA (do not answer for short) and every question the witness was instructed not to answer, I insert this command at the beginning of the question to get the page and line number and it's shown in a similar form as Kelli indicated. If counsel indicates to mark it, I set it up as Quyen shows. If counsel says to certify the question, then the page, line and the entire question would be shown on the index.
I do what Quyen does below if the attorney says "Mark that" but if it is a question not answered or an attorney instructing the witness not to answer, I put:
QUESTIONS NOT ANSWERED
Both of these are for a motion to compel. Most of the time it is because the witness did not/was instructed not to answer a question.
You just list the request to mark in your index pages. I never assume to know exactly what they want marked, so I list the page and line where the attorney literally made the request to mark. It just serves to help them find their spot quickly.
It might look like so:
REQUEST TO MARK
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