I have ordered several court transcripts for hearings that took place during the litigation of my civil case(motion hearings, etc.). If I noticed that the transcripts are not accurate to the point of fabrication, what can I do in this case?
Any advice is appreciated...
I understand that you can't give legal advice and I actually meant to say that I would appreciate if you let me know what legal options are available in a situation like this...thanks
Car / Auto Accident Lawyer
You have no options unfortunately. If you have gotten to the point of just now ordering transcripts and the trial has concluded, you are out of luck. If you noticed errors to the point of fabrication in something approaching real time you might have had a chance (a miniscule chance) to have the Court take some corrective action. Retrospectively, once the transcript has been certified by the court reporter and the case has been concluded -- you are done.
If the case is still pending and there are audio recordings of some of the proceedings, your attorney _might_ be able to get the Judge to allow a new transcript to be prepared. If the audio recordings are _perfect_ your attorney might get the Judge to have the new transcript certified. If that happens, your attorney might get the Judge to reconsider or re-argue _some_ of the dispositive motions. Since you are here asking for advice, I would infer that you did not (or do not now) have an attorney. Without an attorney to assist, you are done.
I agree with my colleague. However, he did leave out one other option GOING FORWARD. You may, at your expense, hire an independent Court reporter to sit in the courtroom and take notes. After the hearing is over, you can compare the transcripts. If there is a discrepancy, you can bring it to the Court's attention. If you have several hearings where this is the case (or days of trial), this may be sufficient grounds to have 'something' happen.
But what you really need to do is hire a lawyer or consult DIRECTLY with one. If you already have one, he or she should be advising you or you need to consult with one to get a second opinion. After all, this is what you are paying them for.
Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 www.smallclaimsappeals.com Adam@AdamJayJaffe.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.
I agree with the answers above that there is nothing formally that you can do to correct the transcripts. However, depending on the situation, if you are able to speak with the court reporter (politely) and he or she is receptive to conversation, you may be able to identify one or two examples of where you think mistakes were made to see if he or she would be willing to check and make any appropriate corrections. A longshot, but about the only think you can do at this point.
You don't explain why you want to or need to challenge the transcript. If you intend to appeal, the appellate rules have a procedure for challenging the record; in your situation, that may result in a remand to the trial court for a hearing on the accuracy of the transcript. In other words, the judge who presided over the case will determine whether the transcript is correct based on his or her notes or memory of the proceedings. The opposing party gets to respond to your challenge as well.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.