9.3 Colloquy, Question-and-Answer Format & Paragraphing
Key Takeaways
AAERT defines colloquy as all exchanges between parties that are not in the Q and A format of witness and attorney.
Federal speaker IDs are THE COURT, MR./MS./MRS. plus last name, THE WITNESS (in colloquy), THE INTERPRETER and THE DEFENDANT (in criminal cases).
AAERT's samples insert a new BY line to resume Q and A after each colloquy interruption, "unlike common deposition practice."
In AAERT's samples, a new paragraph in colloquy starts at the second tab, and a new paragraph within a question or answer starts at the first tab without repeating Q or A.
Blueprint topics 30109, 30110 and 30112 ask you to describe the correct use of colloquy and of question-and-answer mode, and to format paragraphs.
Colloquy
AAERT's opening-statement sample defines it: "Colloquy = all exchanges between parties that are not included within the Q&A formatting of witness and attorney." That includes the judge's remarks, attorney arguments, objections, opening statements and closing arguments, and anything a witness says outside question-and-answer.
Format (Guide to Judiciary Policy, § 520.36.35(b)): the speaker ID begins on the tenth space (AAERT's second tab), followed directly by a colon; the statement begins on the third space after the colon; later lines return to the left margin.
Speaker IDs
The Guide (§ 520.40.10(f)) requires every speaker to be identified, initially by full name (for example, in the appearances) and then by these designations in capitals:
| Speaker | ID |
|---|---|
| Judge | THE COURT |
| Attorney | MR., MRS., MS. or MISS + last name |
| Witness (in colloquy) | THE WITNESS |
| Interpreter | THE INTERPRETER |
| Defendant (criminal) | THE DEFENDANT |
Other common IDs follow the same pattern: THE CLERK, THE BAILIFF (Scalini key), THE VIDEOGRAPHER, THE REPORTER, PROSPECTIVE JUROR NO. 12 (Chapter 16). Keep internal capitals in names: MR. McHENRY.
Question-and-answer (Q and A) format
When an attorney examines a sworn witness, speaker names give way to Q (the examining attorney) and A (the witness).
Format (§ 520.36.35(a)): Q and A begin at the left margin; a period after Q or A is optional; the statement begins on the fifth space (AAERT's first tab); later lines return to the left margin.
The examination line and the BY line
Each examination is introduced by a centered examination line in capitals (DIRECT EXAMINATION, CROSS-EXAMINATION, REDIRECT EXAMINATION). AAERT's note says this line "also triggers the need for a corresponding header." Then a BY line identifies the questioner: BY MR. KENNELLY:, at the left margin, followed by a colon.
Switching modes
The mode changes whenever someone other than the questioner and the witness speaks:
Q. Do you know who filed this complaint?
A. I believe Mr. Qin, or Mr. Chin, as I was told that was
his name, filed it for me.
MR. NADLER: Objection, Your Honor; hearsay.
THE COURT: Sustained.
BY MR. PFEIFFER:
Q. Do you know when Mr. Qin or Chin filed this complaint?
AAERT's margin note: "Notice that another BY line or questioner's ID line resumes Q/A after EACH colloquy interruption, unlike common deposition practice." Many deposition styles return to Q and A without a new BY line when the same attorney continues. On the federal-format CET practical, use AAERT's rule.
When the witness talks outside Q and A
If the witness speaks to the judge, or answers the judge's question, the exchange is colloquy: THE WITNESS: I don't know. The A. designation is only for answers to the examining attorney. After the judge's exchange, a new BY line resumes the questioning.
When the judge questions the witness
The judge's questions are usually typed as colloquy (THE COURT: / THE WITNESS:). Some courts use a separate examination line, such as EXAMINATION BY THE COURT, when the judge conducts a substantial examination. Follow the court's style.
Paragraphing
In colloquy: the second tab
AAERT's opening-statement sample: "Start a new paragraph at the SECOND TAB, as when a speaker switches to addressing another person, or changes to another subject/topic."
THE COURT: Good morning, ladies and gentlemen. Our
first order of business will be brief statements of what this
case is all about.
Proceed, Ms. Kennelly.
The judge turns from the jury to counsel, so Proceed, Ms. Kennelly. starts a new paragraph at the second tab with no new speaker ID. The Scalini key does the same when the judge turns to address counsel: Is that okay with you, Ms. Jefferson?
Within a question or answer: the first tab
AAERT's paragraphing sample: simple questions and answers "wrap back to the LEFT MARGIN, regardless of how long they may be," unless there is a major shift in thought, subject or topic. "When a new paragraph is needed within a question or an answer, begin it at the FIRST TAB."
Q. And where did you say that these -- well, strike that,
please, and let me move on to another topic.
Let's talk now about how your company got its name.
The new paragraph starts at the first tab without repeating Q.
Summary of positions
| Element | Position |
|---|---|
| Q / A | left margin; text at first tab |
| Runover lines | left margin |
| New paragraph inside Q or A | first tab, no new Q or A |
| Parentheticals | first tab |
| Colloquy speaker ID | second tab |
| New paragraph in colloquy | second tab, no new speaker ID |
| BY line | left margin |
| Examination line | centered |
During direct examination, opposing counsel objects and the judge sustains the objection. The same attorney then continues questioning. What does AAERT's federal-format sample require before the next Q?
Nothing; the next Q follows the ruling directly
A new centered DIRECT EXAMINATION line
A new BY line identifying the questioning attorney
A parenthetical such as (Questioning resumed.)
In AAERT's samples, where does a new paragraph begin when a witness's long answer shifts to a new topic?
At the left margin with a new A.
At the second tab with THE WITNESS:
At the first tab, without repeating the A designation
Centered, in capital letters
A sworn witness interrupts the examination to ask the judge, "May I have some water?" How is the witness identified for that line?
THE WITNESS:
A.
Q.
WITNESS DOE:
Sections you finish are checked off in the contents.