Motion to compel?

[Crystal]

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

 

 

[Crystal]

I wonder if Case does that

[Lana L. Loper]

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.

[Kelli Combs (admin)]

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

                                                    PAGE             LINE

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.

 

 

[Crystal]

Okay, thank you.

[Quyen]

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

Page     Line

75         12

102       8