Strike That! Withdrawn!

You Gotta Keep ‘Em In.

From experience, we know that agencies constantly wish for us, and ask us, to take out things like false starts. With this added level of expectancy often comes an added level of confusion. What of when the lawyer moves to strike a portion of testimony or asks that her question be withdrawn? This one’s simple: It stays in. When a motion is made for a part of the transcript to be stricken, it is going to be a future application to the Court to strike that portion, and it is not for reporters to make a decision as to whether it remains in or out. Spread the news, tell your friends, and keep it in.

Examples.

The most common ways you will see this happen where you will want to leave it in and let the Court make a ruling:

“Q. Blah blah blah blah?

A. Blah blah. Blah. Blah blah blah.
MR. GUY: Move to strike the non-responsive portions.”

 

“Q. Blah blah blah blah —

A. Yes.

Q. — strike that.”

 

“Q. Blah blah blah —

A. Yes.

Q. — withdrawn.”

 

“Q. Blah blah blah blah.

A. Blah blah blah blah.

MR. GUY: Move to strike as not responsive.”

 

4 thoughts on “Strike That! Withdrawn!

  1. Excellent post and important topic. Maybe expand to include an example of verbiage asked to be struck and what the reporter does (absolutely nothing).

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