9.2 Subject-Verb Agreement & Pronoun Usage

9.2 Subject-Verb Agreement & Pronoun Usage

Quick Summary: Subject-verb agreement and pronoun mechanics represent frequent testing targets on the RPR Written Knowledge Test. In high-speed witness examinations and legal arguments, speakers frequently lose track of their grammatical subjects due to intervening descriptive phrases, complex compound structures, and indefinite pronouns. A court reporter must instinctively identify the true grammatical subject, apply the Rule of Proximity when correlative conjunctions are used, handle collective nouns, and maintain strict pronoun case distinctions—especially the boundary between subjective and objective pronouns, who versus whom, and the improper substitution of reflexive pronouns.

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Foundations of Subject-Verb Agreement

The golden rule of English syntax is simple: a verb must agree in number and person with its grammatical subject.

• A singular subject requires a singular verb: "The defendant maintains his innocence."
• A plural subject requires a plural verb: "The defendants maintain their innocence."

While this principle appears straightforward, agreement errors usually involve interference—elements inserted between the subject and the verb that create the illusion of a different grammatical number.

[Grammatical Subject]  +  [Intervening Modifier]  +  [Governing Verb]
     The box           +  of confidential files   +       WAS seized
   (Singular)          +  (Plural Prepositional)  +   (Singular Verb)

1. Intervening Prepositional Phrases

The grammatical subject is never found inside a prepositional phrase. Plural nouns within a modifying prepositional phrase cannot turn a singular subject plural:

• Incorrect: "The chain of custody for all seized physical exhibits were broken by the detective."
• Correct: "The chain [of custody] [for all seized physical exhibits] was broken by the detective." (Subject = singular chain).
• Correct: "A list of all expert witnesses and prospective exhibits is attached to the pretrial order." (Subject = singular list).

2. Intervening Parenthetical Expressions

Phrases introduced by prepositions or parenthetical connectors do not compound the grammatical subject. These expressions include:

• as well as, along with, together with, in addition to, accompanied by, including, except, rather than

These parenthetical additions are set off by commas and do not affect the singular or plural status of the true subject:

• Incorrect: "The lead prosecutor, together with three assistant district attorneys, are presenting the opening statement."
• Correct: "The lead prosecutor, together with three assistant district attorneys, is presenting the opening statement." (Subject = singular prosecutor).
• Correct: "The judge, as well as the litigators, was surprised by the witness's sudden admission." (Subject = singular judge).

3. Inverted Sentence Structure: "There Is / There Are"

When a sentence begins with the expletive there or here, the expletive is never the grammatical subject. The true subject appears after the verb:

• Incorrect: "There is three valid reasons for granting summary judgment."
• Correct: "There are three valid reasons for granting summary judgment." (Subject = plural reasons).
• Correct: "Behind the judge's bench stands an armed bailiff." (Subject = singular bailiff).
• Correct: "Behind the judge's bench stand two armed bailiffs." (Subject = plural bailiffs).

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Compound Subjects & the Rule of Proximity

The conjunction used to connect compound subjects determines whether the resulting subject is plural or governed by proximity:

┌────────────────────────────────────────────────────────────────────────┐
│                     COMPOUND SUBJECT CONJUNCTION RULES                 │
├───────────────────────────────────┬────────────────────────────────────┤
│           JOINED BY "AND"         │     JOINED BY "OR / NOR"           │
│  • Compound subject is PLURAL     │  • Governed by RULE OF PROXIMITY   │
│  • Requires plural verb           │  • Verb agrees with CLOSER subject │
│  Example: "The judge and counsel  │  Example: "Neither the judge nor   │
│  HAVE arrived."                   │  the attorneys WERE ready."        │
└───────────────────────────────────┴────────────────────────────────────┘

1. Compound Subjects Joined by "And"

Two or more subjects linked by and almost universally require a plural verb:

• "The plaintiff and her attorney have signed the settlement disclosure."

The Singular Unit Exception

When two compound nouns joined by and refer to a single unified legal charge, concept, or person, the subject takes a singular verb:

• "Assault and battery is a serious common-law offense." (Single unified criminal charge).
• "The author and narrator of the legal treatise was honored at the convention." (One person holding both titles).

2. Subjects Joined by "Or", "Nor", or Correlatives (Rule of Proximity)

When subjects are connected by or, nor, either...or, or neither...nor, the verb does not automatically become plural. Instead, the verb follows the Rule of Proximity: the verb agrees in number with the subject placed closest to it.

[!IMPORTANT] Proximity in Deposition Colloquy: When a compound construction links a singular noun and a plural noun, look strictly at the noun immediately adjacent to the verb: "Neither the patrolman nor the detectives were able to locate the weapon." If the order is reversed: "Neither the detectives nor the patrolman was able to locate the weapon."

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Indefinite Pronouns: Singular, Plural, and Variable (SANAM)

Indefinite pronouns do not refer to a specific person, place, or thing. Know which indefinite pronouns are always singular, which are always plural, and which vary with context.

+─────────────────────────────────────────────────────────────────────────────+
|                        INDEFINITE PRONOUN CATEGORIES                        |
+─────────────────────────────────────────────────────────────────────────────+
|  ALWAYS SINGULAR : each, everyone, everybody, someone, somebody, anyone,    |
|                    anybody, no one, nobody, either, neither, one            |
|  ALWAYS PLURAL   : both, few, many, several                                 |
|  VARIABLE (SANAM): Some, Any, None, All, Most, More                         |
+─────────────────────────────────────────────────────────────────────────────+

1. Always Singular Indefinite Pronouns

Words ending in -one, -body, or -thing, along with each, either, and neither, are strictly singular, even when followed by a plural prepositional phrase:

• Incorrect: "Each of the interrogatories require a sworn response."
• Correct: "Each [of the interrogatories] requires a sworn response."
• Incorrect: "Neither of the defense witnesses have testified under oath."
• Correct: "Neither [of the defense witnesses] has testified under oath."
• Correct: "Everyone in the gallery is instructed to remain silent."

2. Always Plural Indefinite Pronouns

The pronouns both, few, many, several always take plural verbs:

• "Both of the suppression motions were granted by the court."
• "Several of the prospective jurors have expressed personal bias."

3. Variable Indefinite Pronouns: The SANAM Rule

Several indefinite pronouns can be singular or plural. The mnemonic SANAM covers five of them, and more follows the same rule: $\textbf{S}\text{ome} \quad \textbf{A}\text{ny} \quad \textbf{N}\text{one} \quad \textbf{A}\text{ll} \quad \textbf{M}\text{ost (or More)}$

To determine the number of a SANAM pronoun, examine the object of the modifying prepositional phrase:

• If the object of the preposition is a non-count (mass) noun, the pronoun is singular.
• If the object of the preposition is a plural countable noun, the pronoun is plural.

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Collective Nouns in Legal Transcripts

A collective noun names a collection of individuals or things acting as a unit: jury, panel, committee, board, court, firm, corporation, police, family, audience.

[Collective Noun: "The Jury"]
  ├── Acting as a Single Unified Body  ──▶  SINGULAR: "The jury HAS reached ITS verdict."
  └── Acting as Divided Individuals    ──▶  PLURAL:   "The jury WERE divided in THEIR votes."

1. Unitary Action (Singular)

When the group acts as a cohesive, single entity, use a singular verb and singular pronouns (it, its):

• "The grand jury has concluded its investigation into the financial fraud."
• "The appellate panel is issuing its opinion on the interlocutory appeal."

2. Individual or Divided Action (Plural)

When the members of the collective entity act separately or are in conflict, use a plural verb and plural pronouns (they, their):

• "The jury were unable to agree on their evaluation of the expert testimony."
• "The board of directors were divided regarding their fiduciary duties."

Transcript Tip: In American legal English, collective nouns overwhelmingly take singular verbs unless discord or individual action is explicitly emphasized.

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Pronoun Case: Subjective, Objective, and Possessive

Pronoun case refers to the grammatical form a pronoun assumes based on its syntactic function in a sentence.

1. Predicate Nominative Rule

A pronoun following a linking verb (such as forms of to be: is, was, were, has been) renames the subject and must be in the subjective case:

• Formal/Correct: "If anyone is responsible for filing the motion, it was she." (Not her).
• Formal/Correct: "The person who placed the call to 911 was he." (Not him).

2. Compound Pronoun Constructions (The "Isolation Test")

Errors frequently occur when pronouns appear in compound pairings (e.g., between you and I vs. between you and me). To find the correct case, isolate the pronoun by mentally dropping the other person:

• Prompt: "The judge delivered the jury instructions to [counsel and] (I / me)."
  • Isolation: "The judge delivered the jury instructions to me." (Object of preposition to $\rightarrow$ Objective case: me).
  • Correct: "The judge delivered the jury instructions to counsel and me."
• Prompt: "[Attorney Vance and] (she / her) attended the pretrial scheduling conference."
  • Isolation: "She attended the conference." (Subject $\rightarrow$ Subjective case: she).
  • Correct: "Attorney Vance and she attended the pretrial scheduling conference."

[!CAUTION] "Between You and Me": The phrase between you and I is a rampant colloquial error. Between is a preposition; prepositions require the objective case. Because you is both subjective and objective, the second pronoun must be objective: between you and me (never between you and I).

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Who vs. Whom in Legal Testimony and Questioning

Choosing between who and whom follows the same case rules:

• Who is the subjective pronoun (acts as the subject performing the action).
• Whom is the objective pronoun (acts as the object receiving the action or the object of a preposition).

The "He / Him" Diagnostic Substitution Test

To test whether who or whom is required in a clause, isolate the clause and substitute the personal pronouns he or him:

• If he (subjective) fits $\rightarrow$ Use who.
• If him (objective) fits $\rightarrow$ Use whom.

$\textbf{HE} = \textbf{WHO} \qquad \Longleftrightarrow \qquad \textbf{HIM} = \textbf{WHOM}$

Diagnostic Case Studies

1. Prompt: "[Who / Whom] administered the field sobriety tests?"
   • Substitution: He administered the tests $\rightarrow$ Use Who.
   • Correct: "Who administered the field sobriety tests?"
2. Prompt: "[Who / Whom] did you observe entering the premises?"
   • Substitution: You observed him entering the premises $\rightarrow$ Use Whom.
   • Correct: "Whom did you observe entering the premises?"
3. Prompt: "The officer [who / whom] the prosecutor called to the stand was Officer Davis."
   • Substitution: The prosecutor called him to the stand $\rightarrow$ Use whom.
   • Correct: "The officer whom the prosecutor called to the stand was Officer Davis."

The Intervening Clause Trap

A frequent testing trap occurs when parenthetical expressions like we believed, they thought, or counsel stated are inserted into the clause:

• Sentence: "The witness [who / whom] we believed gave the most credible testimony was recalled."
  • Analysis: Mentally remove the parenthetical we believed: "[Who / Whom] gave the most credible testimony."
  • Substitution: He gave the most credible testimony $\rightarrow$ Use Who.
  • Correct: "The witness who we believed gave the most credible testimony was recalled." (Subject of gave).

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Reflexive Pronouns: Self-Correction vs. Hypercorrection

Reflexive pronouns end in -self or -selves: myself, yourself, himself, herself, itself, ourselves, yourselves, themselves. They have exactly two legitimate grammatical functions:

1. Reflexive Action: When the subject and object of a sentence refer to the exact same entity:
   • "The defendant incriminated himself during the police interrogation." (Subject defendant = Object himself).
2. Intensive Emphasis: To intensify or emphasize a noun or pronoun:
   • "The presiding judge herself reviewed the sealed grand jury minutes."

The "Myself" Trap (Hypercorrection)

Speakers often substitute myself for I or me because it sounds more formal. In edited writing this is a usage error (in a transcript, though, the speaker's words stay as spoken):

• Incorrect: "Please forward the deposition transcripts to attorney Miller or myself."
  • Isolation: "Please forward the transcripts to me." (Object of preposition to).
  • Correct: "Please forward the deposition transcripts to attorney Miller or me."
• Incorrect: "Detective Harris and myself conducted the custodial interview."
  • Isolation: "I conducted the interview." (Subject of verb conducted).
  • Correct: "Detective Harris and I conducted the custodial interview."

[!WARNING] Nonstandard Reflexive Forms: Hisself and theirselves are nonstandard; the standard forms are himself and themselves. Grammar rules like these govern edited text and exam questions. When a witness says hisself, the verbatim record keeps it.