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Trial techs everywhere have switched to OnCue's trial presentation software, and my experience using it in court has been very positive. It does however have a minor glitch, which I think many will want to be aware of. In version 4.3, if when working in the designation editor, while showing ranges from the same designation list (a list defined as multiple deposition designations for a single deponent) in presentation mode, you toggle off scrolling text for a designation range from the same list by clicking the green arrow / red X lined page icon at the right above the waveform:



. . . and then publish the designation line numbers for the closed captioning text can peek out on the left:


It's a minor problem which can easily be corrected by pressing T to toggle off the scrolling text. Pressing T when you see this error won't bring back the scrolling text first. It clears the hidden cut off text 'behind' the video. If you press T a second time it will display the scrolling text again.


The problem seems to occur, when one designation range from a list has been presented with scrolling text; the scrolling text setting for another designation is turned off; the designation range is cleared from the presentation screen; and then the next designation is presented. If you do NOT clear the previous designation, the error does not occur.


Also keep in mind that if you toggle off the scrolling text for a designation range, the update won't take effect at all unless you first select a different designation range. Just toggling off the text and then publishing the range will leave the closed captioning text in place.


This problem did not happen in all deposition videos I tested, but did frequently reoccur in the videos in the OnCue demo case. I just post here about it, because it's good to be aware of potential problems and not be surprised in the courtroom.

When calculating data in an Excel pivot table, you're not limited to the listed options in the value field settings under the summarize value field by selection. There are lists of calculations including the sum, average, max, and minimum values for data in the pivot table. You can also input DAX, or Digital Analysis Expression, formulas in the table, which will return a table as a result. A pivot table doesn't include median values in the list of preset values, but you can enter a DAX formula which will add it to the table.




Follow these steps explained by Bill Jelen here.


  1. When selecting the data range for the pivot table select the option to add the data to the Data Model.




  1. With the data set up this way, you'll see that in the PivotTable Fields box, you have the option to 'Add Measure' when you right click on the Range.



  1. Give the new measure a name, and then enter MEDIAN as the formula selecting the field you want to analyze.


  1. Set the appropriate number format, and use the Check DAX Formula tool to confirm that the formula will function.


  1. The MEDIAN DAX formula is now listed as a new field for the Pivot table can be added to the displayed values.


Note that in this data set, the zero values are not an error. This is just showing that in each of the selected years most players had no stolen bases - except for 1908, when a majority of players had at least one stolen base.

It's no secret that attorneys will list deposition designation page and line ranges in a variety of formats. The same attorney may use a page / line range form inconsistently, and of course, even the best lawyers will inevitably enter page and line numbers incorrectly. Like nearly all litigation support professionals, I have spent many hours parsing through lists of designations to put them in the format required by TextMap, Trial Director, and other applications.


Luckily, OnCue's trial presentation software includes a 'Designation Wizard' which can import page and line ranges that have been listed in a variety of forms. Not just loads files in the format used by Lexis TextMap (as discussed in the Tip of the Night for May 5, 2024), or the format used by Sanction, but in almost any random form an attorney might come up with.


In this example, we can see how page line numbers entered with different delimiters (both using common delimiter characters) and common terms used in English), get interpreted as designation ranges by OnCue which then automatically generates designation snippets. If it can't tell that range is intended, it will highlight the unknown range in red:


Even when ranges are entered with extra spaces between page and line numbers, or with different delimiters for a single range, OnCue can still get them correct:


You copy ranges in, or enter them one by one, and the Designation Wizard creates the new video clips almost in realtime.


The Wizard will help you catch mistakes you might have otherwise missed, and get video clips finalized for the next morning faster, so you can get to bed sooner - the key challenge every trial tech faces.

Sean O'Shea has more than 20 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

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The views expressed in this blog are those of the owner and do not reflect the views or opinions of the owner’s employer.

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