Ever stopped a deposition and refused to take it down??

[Erica]

As I am sitting here working on my job, a man in prison with a gunshot wound to the head who has a loss of many basic skills (math, reading) and slurs his speech, I was wondering about other reporters in this situation. Also, some of the workers' comp. doctors that are from India are, unfortunately, very hard to understand! I was wondering if anyone here has ever started a deposition and just felt that you couldn't understand the witness enough to where you had to stop it? If you did, how did you resolve the problem??

Just thought it was an interesting topic, seems how I am sure we've all had the "mouth full of marbles" witness;) lol.

[Shannon Wise]

Thank you. I thought so, but I was looking on their Web site and didn't see anything like that. Maybe I just missed it.

[Rhoda Collins]

I went to the store itself to get mine....not sure if that makes a difference?? :)

[Brenda Rogers]

I went to the store too, but took this list with me and they found the items by the part numbers. The listener is definitely on the Web site. I've directed many people to it. I think I've searched by "listener."

[Lisa Moskowitz]

OMG, I forgot to post this story over here. Last week I walked out of a depo because the attorneys were arguing. First time I've ever done that in my 13 years of reporting. I am copying and pasting my post about it from another message board:

This has been an ongoing, VERY contentious case of wrongful termination. Every depo there have been very loud fights heard throughout the office. I just started taking depos in the case last week, but I've been at the law firm on other cases and heard the fighting.

Last week I got a taste of opposing counsel and his client during the depo of a third party witness, but I was able to handle it. Yesterday was just crazy.

Opposing counsel interrupted constantly. He'd get so upset that he'd start getting all tense, clenching fists, pounding the table, spit flying out of his mouth as he yelled over making an objection to form. He would object and kept trying to instruct the witness not to answer, and the witness was not his client. So lots of fights over that.

The climax, though, occurred when the plaintiff, who was not being deposed, started continually interrupting claiming that counsel was mispronouncing his name. She told him no disrespect intended, apologized, and continued questioning. He continued interrupting. Nobody else could figure out the differences in pronunciation. His own attorney said it the same way as questioning attorney, yet he found fault with her. He kept interrupting until finally all three of them went at it. I held on for a while and then lost it on them and walked out!

When I left, I could hear the screaming continue through the halls. I left in a huff and forgot to pause my audio so I got their fighting on tape, and then when questioning counsel left the room, the plaintiff continued his whining, and it's just unbelievable.

They ended up calling the discovery referee who told the plaintiff that offense is no longer to be taken and that if plaintiff's counsel mentions ethnicity again, he's being reported to the state bar. I went back after that and finished the depo, which ended at noon.

The audio is kinda long, but it's a doozy and shows what a big baby the plaintiff is.

[Cathryn Bauer]

I have not had to do this, though I would have done so had they not cooperated. Certainly, there are times when walking out is in order. I think the situation involving the deponent hit by a train was one where this was necessary, along with Lisa's story.

What happened to me was -- well, possibly the most immature lawyering I have seen. An expert witness had the (sarcasm) unimaginable gall to not give the answers the cross-examining attorney wanted. He then proceeded to (brace yourself) explain thoroughly and logically why he thought the way he did (/sarcasm). He simply refused to let the attorney browbeat him into giving different answers. This M.D. had a lot of integrity, but unfortunately, an ego the size of Mt. Shasta, too. They kept talking over each other, trying to shout each other down. I repeatedly intervened, once breaking to explain that state code did require me to make a verbatim transcript, and their record was important because... Finally, I had it with their disrespect, stopped things, and said words to the effect of, "I have repeatedly asked you to stop talking over each other, and I have noted this in the record. You have made it impossible to produce a verbatim transcript as the law requires me to do. As much as I hate this, I am now going to have to put the words 'to the best of my ability' in my cert." For some reason, this got through to them. We got through the final 30-40 minutes of the depo without interruption. But I do believe if there had been any, I would have walked out at that point, and the particular agency I was working for that day would have supported this.

I have used this in a couple of similar situations. I consider it bringing out the big guns, something best saved for the worst cases.

[Amanda Leigh]

Yes, I have stopped a deposition right after the first answer. I could not understand this woman who had a medical condition. Told the attorney I could not understand her and I would not be able to report the deposition. He agreed with me and we stopped the proceedings.

I have had a very hard doctor (well, several), but one in recent memory. He was impossibly fast. I stopped him several times, to no avail. I finally said on the record that I was not able to take him down stenographically; that I would have to rely on my audio backup; and if for some reason that did not work (which it has been known not to work in the past), that I will not be held responsible for a complete and accurate record. The attorneys didn't respond and continued on. No one tried to slow the guy down--they either didn't care about the record, took their chances, or didn't understand what I was saying--or maybe it wouldn't have done me any good to say that anyhow and without recusing myself, no matter what I said, I'd be hung. Next time, I'm going to say that I must not continue to report under the circumstances--that'll get some attention and I bet all will behave appropriately (wouldn't want to risk the inconvenience--that they relate to).

In my first year of reporting, the attorneys were behaving very badly and I threw my hands up, stood up, and walked out the door and told them we were going on a break. I came back after a break, and they behaved much more professionally.

[Cathryn Bauer]

Greetings:

>Next time, I'm going to say that I must not continue to report under the circumstances< That sound very reasonable, followed by a few sentences about how the Code requires us to make a verbatim record, it's our responsibility to speak up when this is not possible, etc., etc. in that general vein. That's likely IMO to garner respect, at least with the type of attorneys we want to be working with.

Blessings, Cathryn

[Patricia Harris Vernon]

I have never "walked" on a depo in all my years. I have been close. Once an attorney was arguing over my keeping the time of all counsel because the judge had ordered a specific time, and they decided I should do it...back before we are required to in Texas. That attorney jumped up and YELLED that it was not right. I simply looked at him and told him that if he was questioning my integrity, that I would be happy to find another reporter. He looked at me shocked, and stumbling over himself totally apologized to me..and did so many times over the years. He never forgot that.
Another time I was doing daily copy on an eight-week trial. I was the official, but this was pre-computer days (yeah, an oldie), and there were typists and proofers in the other room, and we had 2 contract CRs helping out. We never finished before 7:00 to 8:00 on the trial. After finishing the day, rushing in to dictact my portion for the typist, the judge asked me if I could do a five-minute divorce. I never turned this judge down. He was wonderful to work for. That was like 8:00 p.m. -- having worked 9 hours that day in the courtroom and lunch and other times dictating, etc.,...well, that 5-mins lasted 1.5 hours. I was deaddog tired and knowing it would repeat again in the a.m. This was around week 5 of the trial. Attorneys were arguing all over each other, even being warned by the judge repeatedly. I just stood up and walked out of the courtroom, did not say a word. It was totally quiet. I heard the judge say, "Well, I guess Mrs. Vernon is through for the day." He never said a word to me. I thought I was fired. The attorneys were good friends and never said a word about it to me. Just thanked me for staying late (uh-huh, later).
I write lots of RT, and am requested frequently to do intellectual patent cases because I know computer programming language...having taught computer classes in jr. college in my younger days. I had to do an Indian outsourcing engineering from India RT. It was a nightmare. I so informed counsel. They were watching and told me I was doing great, that that's the only way they understood him. At the end of the depo I requested his counsel to please have him read the depo, that I wasn't comfortable with it. He said he sure would, that he was pleased with what I saw. I was relieved, and then asked who our witness was for the next day. Oh, says, counsel, the same man, only in a different role. OMG, I bet they could see my face fall. I made it, but, man-oh-man, was I tired..lots and lots of technical terms and 350 pgs pd. I felt that I wasn't a reporter those two days. But guess what? Counsel requested me for the next 3 deps they took..all the way from California. You just never know what will happen. I just put my all into it and run with it.