Parenthetical Sentence for a Witness's Wordless Gesture
Parentheses
Rulebase Summary
Use a parenthetical sentence when a witness responds to a question with a gesture and does not accompany the gesture with words. The parenthetical states what the witness physically did — pointed, indicated, wrote, nodded — without describing what the gesture meant.
Examples
Q. Please point to the spot on the chart where you saw the glove.
A. The witness indicated.
Q. Please point to the spot on the chart where you saw the glove.
A. (The witness indicated.)
Wordless gesture — use a parenthetical sentence.
Transcript Notes
If the witness did say words along with the gesture, no parenthetical is needed because the witness gave a verbal answer. It is up to the lawyer to ask the witness to verbalize what he or she is pointing to, or to do so for the witness on the record.
Style Guide References (1)
Morson's