Examinations Under Oath
Examinations Under Oath:When parties disagree as to the procedure.
EUOs are permitted under the terms of one’s insurance policy. Each policy has rules about filing a claim and how it is handled. I think when you sign for your policy you agree to abide by their rules and subject yourself to an EUO. There is nothing in the Florida Rules -- that I know of-- that provides guidance for the court reporter. So what does the court reporter do when one side directs him/her to stop writing and the other side directs him/her to keep writing? I recommend very simply that we apply the same rules as in depositions: When the parties disagree, we are to keep writing so that the court (or in the case of EUO’s, whoever the appropriate authority is) has a record and can decide later who is right.
Perhaps the court reporter could respond that:Yes, I am aware there is nothing in the Florida Rules, but since I do not know who is right here, it's best for all sides if I keep writing so you have a complete record and then the appropriate authority can decide what the record should be. A response along those lines will probably satisfy the attorneys that there is a solution. If the attorney does not want anything further on the record, he will (a) stop his client from talking further; and (b) stop talking himself and exit the deposition.