What to do with an EUO when an investigator begins to question the deponent???

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Permalink Reply by Cathryn Bauer on November 8, 2009 at 10:04am

I use a byline and the Q/A format.

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Permalink Reply by Karen Goldenberg on November 8, 2009 at 10:04am

Nancy,

I would write the investigator the same way I would write an interrupting attorney -- colloquy. It makes for a cleaner record. Q&A is questioning attorney. Colloquy is interrupting investigator. (Basically.)

However, questioning attorney might turn to the investigator at the end and say -- do you have any questions? At that point, I would put the investigator as Q & A. And if the examining attorney interrupted, I'd but that as colloquy.

Bubbie Karen

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Permalink Reply by Nancy Fierro on November 8, 2009 at 10:23am

I did put it in colloquy, but I kept second guessing myself. The investigator was interrupting the attorney with her questioning. It wasn't like the attorney asked the investigator at the end if she had questions and then she started in with her Qs.... Thanks so much for your help!

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Permalink Reply by Cathryn Bauer on November 8, 2009 at 10:50am

My policy is when it's more than three questions and answers, it becomes Q&A.

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Permalink Reply by Phil Stillerman on November 8, 2009 at 11:09am

As a retired official and never having done an EUO or depo I would go with the investigator's questions and the answers to the investigator's questions in colloquy. It generate$ more page$.

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Permalink Reply by Stephanie Nunez on November 8, 2009 at 12:04pm

I, too, learned that three or more questions turns into an Examination and it's Q&A for that person.

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