Need help re marking a depo exhibit if objected to (Texas)

[Vicki McConnell, CSR]

Atty A hands a document to me to be marked as Exhibit 1 and hands a copy to Atty B.  I mark it and hand it to the witness.  He asks a question and Atty B objects to the exhibit, claiming it had never been produced.  Atty A says it was.  Atty B wanted to call the judge, but Atty A didn't want to "participate in an ad hoc hearing."

The depo was stopped and they both were going to file motions.

Atty B is adamant that the exhibit is not part of the record, that I should not attach it to the transcript.  I've never had this happen before.  Normally, they would call the judge right then and there.

The tript is due 2/4.  Any opinions?  I'd appreciate some input!

[Marge Teilhaber (TILE hobber)]

Lawyer B is an idiot.  The document was marked for identification and will be attached.  It's like saying that a certain participant should not be shown as attending.    You're there or not there.  You're an "appearance" or an "also present."  The document was marked for identification.   What an ass lawyer B is.

[Vicki McConnell, CSR]

Thank you, Marge, for confirming my thoughts...all but the last sentence. 

But I DO appreciate your passion on my behalf!  ;-D

[Marge Teilhaber (TILE hobber)]

How about the first sentence, Vicki?  lol!

[Vicki McConnell, CSR]

Kept looking for the "like" button.  HAHA!

[Mary Jo Cochran]

Don't mark or whiteout that document in any way.  You were there to make a record - and you did.  Just make your transcript, identify the exhibits (as Marge said, they were marked for identification).  They can take it up with a court hearing.

[Mary K. Corcoran]

Mark it for identification and include it with your exhibits.  We all know that many exhibits that are marked never get admitted into evidence.  You've done your job, and now it's up to the court to decide.

[Vicki McConnell, CSR]

Many thanks, Mary! 

[Kelli Combs (admin)]

I agree with everyone else.  It was marked.  It's up to a Court to decide if it goes any further.    Don't let Attorney B try to intimidate you into doing something you're not supposed to do.  The record's been made.

[Janiece Young]

Vicki, thanks for posting this.  Good information from everyone.