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Question need a answer from a criminal lawyer i guess.

Brooklyn, NY |

On the minutes from a trial every person that gets put on the stand and is being sworn in (DOES THAT HAVE TO BE ON THE MINUTES WHILE THE PERSON IS BEING SWoRN IN? I was told yes even when the judge says side bar goes on the minutes so i just looking for a third answer. Also is there any cases in which during trial the cr didnt put the swearing in of someone in the minutes

Attorney Answers 6


  1. All trial proceedings (discussions, objections and testimony) should be placed on the record. However, there are times when discussions are held off the record and subsequently summarized on the record afterwards. As far as the swearing in of witnesses, that should also be noted in the record - not necessarily the oath verbatim, but a mention in the minutes that the witness has been sworn.


  2. I agree with my colleague, the swearing in of witnesses should be noted in the record, but does not necessarily need to be verbatim in the record.

    If you found this "helpful" or "best answer," please click it with my appreciation. This response does not constitute legal advice and does not create an attorney client relationship. Thank you and good luck.


  3. Usually the court reporter notes that the witness was sworn. Side bars can be on the record but often are not.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  4. Everything should be on the record in case there is an issue that needs to be appealed. The record is used for evidence on an appeal. Side bars are sometimes off the record though.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  5. As to the sidebar, the attorneys may insist that the conversation be placed on the record, although it is awkward and in some ways self-defeating. In those instances that I was compelled to do so, it was because the judge refused to have conferences in chambers with the stenographer.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  6. You specifically asked if there were any cases of a court reporter not addling the swearing of a witness into the transcript. I dont know, but if you were my client, I would make sure that the research is done to determine whether any such thing has been litigated before.

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