Citing the witness

[Deborah Morin]

Can anybody help me out with the proper wording to use when the reporter must "cite the witness"? I remember this from court reporting school about 12 years ago, but it's vague in my mind since I've never had to do it. Well, I've just been given a heads up that my questioning attorney may want to "cite" her witness tomorrow. Help!

[Brenda Rogers]

Well, that's something anyway.

[Katy Cuellar]

It's very rare, Brenda. More rare than having attorneys throwing things.

[Brenda Rogers]

omg . . . are you kidding me???

I will NEVER live in California!

[Katy Cuellar]

I was always told that before you give them a date and place to appear, you have to ask them two questions:

Did you hear and understand the question?

Will you answer the question?

[Judy]

You cannot order them to appear. You have to direct them to appear. And, yes, they have to have the date, time, location for you before your schpiel. Although, I've had counsel look at me and tell me to cite the witness. When I ask them for the necessary info, a recess ensues and the situation usally goes away during the recess.

[Deborah Morin]

Thanks, guys. I think Kyung has it right, although I do agree that we shouldn't be burdened with the duty to instruct someone when and where to appear. I seem to remember there was some language at the end of the address part that went something like "to show cause for not having answered questions propounded to you by counsel." But this is probably optional. I think the location and time are the main importance.

[Rosalie DeLeonardis]

Please let us know what happens and how you handle this because what I remember from CR school we were told we actually don't do anything anymore, it's just put on the record what the attorney says, so please let me know what happens in case I ever run into this. Thank you.

[Kyung]

Cod eof Civil Procedure 2025 (O)

The attorney will put his notice of motion and motion to compel a deponent to answer any question on the record. The must include the time and pace of the hearing.

Then, "The Deposition Officer shall direct the deponent to attend a session of the court at the time specified in the notice."

"Mr./Mrs. So-so, as the Deposition Officer, I direct you to attend the court session on ______(Date) at _____ (Time) in Department/Division of the Court, located at____________(address)."

The attorney should provide the court date, etc, for you. It's not your job to call up the calendar Clerk to get the information. You might want to inform the attorney when you get that if he wishes to cite the witness what information you need,