Exhibits!! Exhibits!!

[Kyung]

Exhibits everywhere but where they're supposed to be.

I dedicate this blog to those exhibits that the attorney takes off with at the end of the deposition so you have to chase them down the hall. I have done this. I'm looking through my exhibits, and they're racing out of the room. I usually chase after them and catch up with them by the elevators. Another reason not to wear stilettos to the depo. Although I hear they do great things for your legs.

Here's to the exhibits that, as you go through them at your house, you realize, doh, they gave you two of Exhibit No. 3 and no Exhibit No. 2. (Exhibit numbers have been changed to protect the innocent.)

Here's to the exhibits where the attorney looks at you and goes, what exhibit number am I on, in the meantime, he has been labeling the exhibits w/some numbering system known only to the taking attorney and some obscure fraternity of legal monks in Eastern Europe somewhere. It certainly isn't numerical order bec. he started off w/5, then went to 152, then came back for 100. In the meantime, you know that you are going to have large random holes in your index pages bec. there's no way he's going to get to all the exhibits that's he's got in front of him. At which point, the attorney will not want to release the exhibits to you bec. he will want them for Volume II.

Here's to the hours and days spent calling the attorney, the paralegal, the secretary, his mother, anyone who might have even the slightest contact w/the attorney in order to get said exhibit. (I am exaggerating slightly here, folks, lest you are wondering about my sanity.)

And finally, the words that can be the court reporter's best friend. (Exhibit retained by attorney.) Basically, I've washed my hands of the affair. I've done everything in my power to get the damn exhibit. It's not happening. It's a figment of your imagination. What exhibit? I don't know of any such exhibit.

(Disclaimer: As of this time and date, all exhibits have been accounted for and indexed.)

[Cathryn Bauer]

Tell it, sister!

Keeping track of the exhibits was a big issue for me when I started. Fact is, it's a challenge, and they are the reporter's responsibility. That doesn't mean everyone makes it easy for you. I even had a witness take off with a stack of exhibits once! I dashed after him, but he'd already taken off. I called his office, and the person answering the phone laughed and said that was just like him. Fortunately, I got the exhibits in the mail the day after (sigh).

What works for me a lot of the time is to kind of joke with the attorneys about it. I will say something like, "Well, I haven't barred the door yet to get the exhibits, but I'm sure it's going to happen." This is with a smile on my face, naturally.

My favorite place to take depos is an agency office where the staff is willing to deal with getting copies made. One time, I had these very nice attorneys who were in a time crunch (long story), and I was able to walk the stack of exhibits they needed copied over to the reporting office, a few blocks away, at noontime. I called the office manager to ask whether we could do this, and she said immediately, "Sure." I brought it over, and one of the office staffers copied the stack and brought it back during the afternoon session. I really appreciated this and brought in flowers the next time I went to the office. Their willingness to help was very important for the attorney, and it and made us all look good. One of them called the office manager and told them I was a "super trouper."

And then the firm was sold, and suffice to say, so much for that particular agency (sigh). I really miss working with it the way it was previously. That staff was so helpful that we were truly able to do great things together.

[Kyung]

Ah, gotta love the copy service. Sometimes they look at you as if they expect you, personally, to copy the exhibits. Oh, the reporter can make a copy at the end of the depo at 7 p.m. at night. Uh, no. You need to working on those copies during the depo.

[Heidi Johnson]

How about the "We'll let the court reporter arrange with a copy service to copy your chart, Doctor." And when you do, the copy service is told, "No, there's no subpoena on file." And then the umpteenth phone calls between attorney and doctor's office to get said subpoena to the doctor's office, and maybe you'll get the chart copied before it's due in the office....or maybe not.

[Kyung]

Today's fun exhibit question:

Which exhibit number is the e-mail?

Mental response:
You know, I'm only supposed to mark the exhibits; right? You know you marked multiple e-mails as exhibits: right? Do you want me to take my hands away from the keys to go track that exhibit down? Bec. I know as soon as I go to look for the exhibits, you're all going to start talking.

What actually happens, at least for me, is I get the frozen stunned by headlights look while I'm franctically trying to remember what the exhibit number is. Then opposing attorney usually answers at the same time as the witness. Then we've got a hodge-podge of overlapping speakers.

[Stacy Tegner]

AMEN, sister!!! I love it as I'm sitting here organizing the exhibits I have starting at 30 and then to a 32 with two pages that look the same, etc. etc. Hmm, what did I do here ~ oh, yeah, the attorney took my exhibit book and started labeling everything himself!! Of course he asked me at about Exh. 35 what number we were on ~ um, whatever you last put, b/c you've confiscated my book and I've no longer been able to keep track and won't be organized until the next break ~ ahhhh!
Thanks for all your great posts, Kyung!!
Happy 2009 :-)

[Jeannie Wright]

"...he has been labeling the exhibits w/some numbering system known only to the taking attorney and some obscure fraternity of legal monks in Eastern Europe somewhere. It certainly isn't numerical order bec. he started off w/5, then went to 152, then came back for 100. In the meantime, you know that you are going to have large random holes in your index pages bec. there's no way he's going to get to all the exhibits that's he's got in front of him. At which point, the attorney will not want to release the exhibits to you bec. he will want them for Volume II." OMG - I have been there - this is the guy/gal you take the stiletto off and beat them with, because it isn't the FIRST time they've done it! LOL