(Exhibit __ marked.) I'll mark that exhibit that you're trying to hand me as you continue to describe what the exhibit is as soon as you stop talking.
(Plaintiff's Exhibit __ marked.) or (Defendant's Exhibit ___ marked.) For those depositions where the attorney wants to make sure you know whose toys belong to who.
(Exhibit ___ marked but not attached.) Inevitably, the attorney probably read this exhibit as fast as possible and it will have all the spellings that you need to produce the deposition, but unfortunately you will not be allowed access to it.
(Simultaneous speakers interrupted by the reporter.) That's a nice way to say you're telling them to shut the hell up!!! God how I love this parenthetical.
(Pause in the proceedings.) Someone has to go to the restroom or they need a cigarette break really baad.
(Luncheon recess.) Court reporter has demanded five minutes to eat something before passing out.
(Whereupon, at ______ the deposition was adjourned.) Used in case the deposition will continue on another day for a second volume bec. they can't stop talking.
(Whereupon, at ______ the deposition concluded.) They've beaten the horse to death.
(Deposition concluded at ______.)
(Record read back.) The attorney was talking too fast and nobody really understood what they said, including you the reporter. Inevitably the most incoherent question of the whole deposition.
(Interruption in proceedings.) Used when people randomly walk into the room.
(Telephonic interruption.) Cell phones. Turn off your damn cell phones, blackberries, or other beeping equipment.
(Discussion held off the record.) When the attorney is whispering to the client and you can only make out every third word that they're saying.
(This portion of the deposition reported by ______________, commenced at ________.) For those attorneys who cannot seem to stop talking and a relief reporter was sent in so that the other reporter wouldn't kill the attorney, the deponent, and never report again.
(The following realtime transcript is provided for your immediate review of the proceedings and is not intended nor meant to be used or cited from in any legal proceeding.) A way for the attorney to keep torturing you long after the deposition is over, used at the beginning of all rough drafts.
(No audible response.) You've finally gone deaf.
Additional parentheticals
(Mumbling) (Unintelligible)(Indecipherable) - A point in the transcript where you, the scopist, your significant other, and the cat have all listened five billion times and you cannot figure out what the hell they're saying. (Only to be used in extreme circumstances.)
You can change the wording around, make it more formal or less formal by throwing in the random whereupon or forthwith or whatnot.
(The following pages from XX to XX contain confidential testimony) - No one knows, no one cares. Just another way to make production crazy. Reporter is usually notified of confidentiality by the following statement, please mark all portions of the discussion relating to that as confidential (with no clarification of that). My mind immediately thinks, wth are they talking about. Usually then leads to a long discussion where you tell them, I have no idea what portions or subjects you want marked confidential. Let's mark the whole transcript confidential, or you must tell me specifically which pages or subjects or words used are to be marked confidential. Fun for all.
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