Classic Pitfalls That Muddy the Record Flashcards
What is the first classic pitfall that muddies the Record?
The first classic pitfall that muddies the Record is Echoing.
What is Echoing?
Echoing is when you repeat an answer before putting the next question.
What is the second classic pitfall that muddies the Record?
The second classic pitfall that muddies the Record is Overlapping.
What is Overlapping?
When lawyers or judges interrupt each other or the witness.
What is the third classic pitfall that muddies the Record?
The third classic pitfall that muddies the Record is Numbers, names, and Big Words.
How are Numbers, Names, and Big Words a classic pitfall?
They can be unclear (e.g., saying thirty-four-oh-seven may mean $34.07 or $3,407) and may require clarification (e.g., clarifying how to spell acute cholecystitis for the court reporter).
What is the fourth classic pitfall that muddies the Record?
The fourth classic pitfall that muddies the Record is Exhibits.
How do Exhibits muddy the Record?
Referring to exhibits by terms other than their listed exhibit number may create ambiguity in the Record.
What is the fifth classic pitfall that muddies the Record?
The fifth classic pitfall that muddies the Record is Pantomime, Nonverbal Cue, Gesture, and Internal Reference.
How does Pantomime, Nonverbal Cue, gesture, and Internal Reference muddy the Record?
Without clarifying these things (e.g., clarifying the dimensions of an object referenced in testimony), it can create ambiguity in the Record.
What is the sixth classic pitfall that muddies the Record?
The sixth classic pitfall that muddies the Record is Going “Off the Record.”
How does Going “Off the Record” muddy the Record?
It can be difficult to tell when to go off the Record if both parties do not consent to going off the Record and the parties may forget to go back on the Record.
What is the seventh classic pitfall that muddies the Record?
The seventh classic pitfall that muddies the Record is the Sidebar Conference.
How does the Sidebar Conference muddy the Record?
The Sidebar Conference can be difficult to tell whether or not they’re “on the record” unless the Court Reporter is actively invited to join and record the huddle.
