Witness No Shows

There are typically 2 main outcomes when a witness does not show to an event:

1. The counsel decides to complete a Certificate of Non-Appearance (CNA).
   1. This is the most common choice. When this happens, the DR will read the CNA statement, and immediately sign the CNA document after the event. This CNA document confirms that the DR was there to take the deposition, and the witness did not show.
   2. This method does not produce a transcript, and the recording from the event is discarded. The only document from the no show is the CNA.
   3. Steps for a CNA:
      1. Gather all attendance information at the beginning of the event as usual
      2. Confirm with the counsel how long they would like to wait for the witness to show.
      3. At the specified time for the counsel, proceed by toggling the button "Activate if the proceeding needs to be canceled, rescheduled, or CNA/witness no show."
      4. Proceed to Closing.
      5. Confirm if the counsel would like a CNA or an ordered transcript logging the witness no show.
      6. Counsel requests CNA: Choose CNA for how the deposition ended.
      7. Read the CNA script provided and close out the proceeding.
      8. Shortly after you submit the form, you will receive an email with the CNA document to sign.

2. The counsel would like a certified transcript as proof that the witness did not show. This is known as Completed - Witness No Show.
   1. This is a very common choice specifically for our client Farmers in New York State. The difference for this choice is that the client will typically 1) read their own statement on the record about the witness not showing, and 2) request a certified transcript be ordered.
   2. Steps for a Completed Event - Witness No Show.
      1. Gather all attendance information at the beginning of the event as usual
      2. Confirm with the counsel how long they would like to wait for the witness to show.
      3. At the specified time for the counsel, proceed by toggling the button "Activate if the proceeding needs to be canceled, rescheduled, or CNA/witness no show."
      4. Proceed to Closing.
      5. Confirm if the counsel would like a CNA or an ordered transcript logging the witness no show.
      6. Counsel requests a transcript: Choose "Completed - Witness No Show" for how the deposition ended.
      7. Go on the record and complete the read on.
      8. Allow the counsel to read their script.
      9. Go off the record and close the event.
      10. Between 5-10 days your will receive a Certificate for the Witness No Show in your inbox to sign. Sign the Certificate in a timely manner, as you would a CNA or COTT.

Frequently Asked Questions

1. What are the two main outcomes when a witness does not show up for a deposition?

• The two outcomes are:
1. Completing a Certificate of Non-Appearance (CNA)
2. Marking the event as "Completed – Witness No Show" and ordering a certified transcript

2. What is a Certificate of Non-Appearance (CNA)?

• A CNA is a formal document that certifies that the witness was not present for a proceeding. It documents the date, start time, individuals present, and the time that was spent waiting for the witness.

3. Is a transcript created when a CNA is issued?

• No, a transcript is not created. The recording from the event is also discarded.

4. When would a certified transcript be requested for a witness no-show?

• When the client (e.g., Farmers in NY State) wants a certified transcript as official proof that the witness didn’t appear.

5. What is a "Completed – Witness No Show" event?

• An event where the witness doesn’t show, but a transcript is produced including a statement read by counsel.

6. Who typically reads the statement in a Completed – Witness No Show?

• The counsel (client) usually reads their own statement

7. When do I need to sign the Witness No Show Certificate?

• When an event is marked as Completed - Witness No Show, you will receive a Certificate within 5-10 days to sign.

8. Do I still need to complete a Certificate of Non-Appearance (CNA) after a Completed - Witness No Show event?

• No, but you will be asked to sign a Witness No Show Certificate in 5-10 days.

9. What is the difference between an event ending as a CNA vs Completed - Witness No Show?

• A CNA requires the DR to read a statement on the record, and an event ending in a CNA will trigger a CNA document to be sent to your inbox immediately
• During a Completed - Witness No Show the client typically makes the statement, and it requires signing a different Witness No Show Certificate, which can take 5-10 days to be processed.

10. What if the witness shows up, and the counsel decides to continue with testimony?

• If the witness appears before you've completed the event and the counsel wishes to go through with the testimony, simply click the "Revert Cancelation" button on the bottom of your script. You can then continue the event as normal.

10. What is the difference between a CNA, Witness No Show Certificate, and COTT?

• A CNA is a document confirming that you were present as the Digital Reporter in a proceeding and the witness did not appear; there are no transcripts associated with CNAs.
• A Certificate for Witness No Show is a document confirming that you were present as the Digital Reporter in a proceeding and the witness did not appear; the certified transcript with the witness no show statement is attached to the document for your review.
• A COTT is issued when there is a certified transcript ordered in a proceeding after a witness has given testimony; DRs are to confirm that the deposition/testimony was taken in front of the DR and the testimony recorded is accurate.

11. What do the documents look like?

• Please see a sample of a Certificate of Non-Appearance at this link and a Witness No Show Certificate at this link.

12. What should I do if the counsel is unsure whether they want to end the event as a CNA or as Completed when a witness doesn't show?

• When the client indicates they’d like to end the event, politely ask whether they would prefer to proceed with a Certificate of Non-Appearance (CNA), or if they have an official statement they’d like to read and would like a certified transcript. Most clients will know which option they need.
• If they’re unsure, explain that they have two options:
  • Order a certified transcript that includes their statement on the record about the witness not appearing.
  • Proceed with a CNA, which provides an official document confirming the witness did not appear, but does not include a transcript.

14. Illinois doesn't do CNAs. Are Witness No Shows relevant to Illinois DRs?

• Yes, some clients may ask for a statement on the record for witnesses who don't appear. However, there is no need to change your process as an Illinois DR, just know the option is there for you should it come up.

15. What should I do if the client has billing questions about the way an event ended?

• Kindly request that they reach out to our support team at support@parrothq.com.