We all know what ellipses (". . .") mean, right? It means that something in a quote was omitted. According to Bluebook Rule 5.3:
“Omissions of a word or words is generally indicated by the insertion of an ellipsis, three periods separated by spaces and set off by a space before the first and after the last period (“♦.♦.♦.♦”), to take the place of the word or words omitted. Note that “♦” indicates a space.”
In yesterday's lengthy Mavexar opinion, however, Chief Judge Connolly pointed out that ellipses in a transcript can mean something else entirely. They are to be used to
reflect the fact [that the witness] trailed off and was silent for a notable, indeed awkward, period.
Chief Judge Connolly went so far as to find a citation for this! The Court cited Lillian I. Morson, Morson's English Guide for Court Reporters 154 (2d ed. 1997). That guide—which I'd never heard of!—has a whole rule about the use of ellipses in a transcript to represent a witness trailing off:
Rule 273. If a remark is intended to trail off without a conclusion, use three spaced periods, as recommended by most manuals as a specific use of the ellipsis points. Often the speaker uses body language to complete the idea: a shrug of the shoulders, extended upturned palms.
Having observed the witness at the hearing, Judge Connolly further interpreted the “substance [of the witness’] testimony and his facial expressions and body language . . .” to deduce that there was a “disparity in legal sophistication between [the witness] and [other] actors . . . ,” lending support to the Court's conclusions regarding the witness' attorneys.
See what I did there? Those ellipses represent omissions, obviously. But if this were a transcript, that dot-dot-dot might not mean words omitted . . . instead, simply unsaid . . . perhaps with perplexed quizzical facial expressions and awkward hand gestures . . . swirling together, a trail of awkward silence and ambiguous meaning . . . leaving the court reporter to ponder how to record that incomplete thought in writing . . .
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