Instruction not to answer

[Erin Murray]

I am curious how everyone formats instructions not to answer.
Do you just list the page/line number on the index?
Do you also put a parenthetical, ex. (Instruction not to answer)?

I am fairly new and dont' have this happen too often, so every time it does.....I wonder.
Thanks!

[Jennie Ann]

You just type the words in the transcript. You need not do anything else. There is no mention of page/line numbers on the CONTENTS page when the witness is instructed not to answer.

If they ask for the question to be certified, then there would be a mention of it on the CONTENTS page with the page/line numbers.

[Erin Murray]

Thank you!

[Pat Porter]

I work with a reporter in California who lists them in the index (with page and line number). Don't know if it's a regional thing or not.

[Jennie Ann]

I had not heard of doing that before, but I am learning on this forum that there's a lot of things that occur regionally that don't occur elsewhere. LOL!

[Marge Teilhaber (TILE hobber)]

I cover work in NJ/CT/NJ for agencies all over the country. I index all instructions not to answer, requests for documents, and requests for information. I use a 1-line parenthetical which has the index codes built in and the automatic indexing takes care of it. I think it makes a more useful index page to be able to have these things flagged. No agency ever asked me to do it and no agency ever said, "Nice touch." I think it's a nice touch.

[Jennie Ann]

I am sure that the lawyers really like that, Marge, as it definitely complements the entire transcript content. It also makes it easier for them to find pertinent items that they may be interested in down the road.

Some folks in my area also describe each exhibit on the Contents page, and then there are others who only put the line and page number with no exhibit description.

The more effort exerted in the transcript by the court reporter, I would think that it would be rewarded down the road by repeat business. And that's always a good thing. There are some lawyers who only want to work with certain reporters because they like their work. You sound like one of those reporters. :-)

[Marge Teilhaber (TILE hobber)]

My exhibit page has a full description of what is marked. It is also in the body of the transcript. (I don't consider that padding. I consider it keeping up with 2009 bills with 2006 rates.)

Yes, Jennie, it certainly should be a given that extra effort exerted is rewarded with repeat business!

[Veronica Kubat]

I index page and line number only, no blurb.
V.

[Sharla Preciado]

Hi Erin,
I put "(Instruction not to answer.)" immediately after the instruction is given and then put the page number and line number of the blurb on the index page. That's how I've been shown in the sample pages provided by more than one agency.

I've had one agency request that the question be copied onto the index page as well, but if given the choice, I don't do that because it's too confusing. Sometimes the question has been objected to, rephrased, objected to again. There may be quite a bit of discussion before the actual instruction not to answer is given, so it can be hard to copy and paste the question into the index. That's why I always index to the page and line number of the blurb.

Sometimes it's still confusing, like the depo I had last week where the witness asked, "Do I have to answer that," and her attorney answered, "No." Then the questioning attorney said, "Yes, you do," and the deponent's attorney said, "No, you don't." I put the "instruction not to answer" blurb there.

If I were you, I would ask the agency for their preference and do it that way. Whenever I ask a question like that, I always get a response saying it was a good question and thanking me for caring to do it right, according to their style.

[Erin Murray]

Thanks, Sharla! And a double thanks for letting me in on this site....I absolutely love it!

[Katy Cuellar]

I put the page and line number. Never add anything if you can help it. It's not for you to determine if the witness was instructed not to answer, so just find the keyword "I will instruct"....or "Don't answer that"....and put a page and line number, and the attorneys can decide among themselves whether it was bona fide. Putting in a parenthetical as you suggest would be tantamount to you making a judgment that the witness was actually instructed not to answer. That's not for you to say.

[Veronica Kubat]

I also put the page/line reference to the question, not the instruction. It's usually pretty clear which question is objected to.