Depo of brain-damaged child

[Martha R]

I did a depo of a brain-damaged 9-year-old today.  I gave her an oath of "Do you promise" and she shook her head and said  "no."  I repeated it and she said "no" again.   I stopped and looked puzzled but the attorneys went forward.

This depo was videotaped.  I was thinking of instead of putting the sworn-in blurb, I was going to put verbatim what I said and what she answered, because to me she wasn't really sworn in.   She was incapable of it, to my thinking.   She could barely answer anything.

Any thoughts?

[Marge Teilhaber (TILE hobber)]

Agree to omit the blurb but instead do a verbatim colloquy between y and the poor kid.  As far as her answer no, I would have pointed that out to the attorneys (off the record of course and out of earshot of the girl) and make sure they realize and are OK that that's what the transcript will reflect.   Can still do that via email, though.  

[Lisa O'Sullivan]

I concur with your thinking: Instead of the blurb, put the verbatim. You have thereby fulfilled your obligation and done it without overstepping.

[tami carlson]

Maybe it's regional (or maybe just me, LOL), but I always swear the witness in in colloquy on video jobs instead of a blurb. 

[Kelli Combs (admin)]

What a very, very sad deposition to be on.  I think your decision to write verbatim in this instance is a great decision.  I would do the same thing.

[Janiece Young]

I agree.  Great idea to put in the colloquy.