Reporter clarification on videotaped depo

[lynn darling]

Hi All,

Recently on a videotaped depo the witness started to answer a question at the same time his atty objected that he'd already answered the question (so they overlapped) and told the questioning atty he could have the record read back for his previous answer. So I read the previous Q & A and the colloquy up to the point where he made the objection and said the witness had already answered... so then I asked the witness if he answered the question (where he and his atty overlapped) because I didn't hear it. So the two attys get into a dialogue about whether the witness answered, and the Questioning atty said he heard the witness say "I don't recall" and then the witness' atty disagreed and kept referrring back to the witness' answer that I had just read back. Apparently, when the witness and his atty overlapped, his atty didn't hear what his witness said. So I read back again up to that point where they overlapped. Then they just moved on, never really answering my question.
Long story short, when I listened to the videotape, the witness did say "I don't recall" when his atty had talked over him. The question I have is do I put the witness' answer that I didn't hear in my transcript or not (since we had this whole dialogue where I asked the witness if he answered) and I'm asking a clarifying question and it's on videotape?

Confusing, I know.
Thanks.

Lynn

[Naola "Sam" Vaughn]

I would put the answer in. Isn't that why we listen to the audio on videotaped depos?

[lynn darling]

Hey there:)

Thanks. That's what I was thinking, as well. On the videotape I could pick up "I don't recall" from the witness when they overlapped, which is what I was trying to get clarified on the record, but the witness' atty kept arguing with the questioning atty about what his witness answered and they just moved on.

[Quyen]

I would go ahead and put the witness's answer in. It's completely understandable that you didn't hear him because they talked over each other, but since it's videotaped and you can pick it out ...