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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

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Attorney answers 6


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.


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.

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

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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.

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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.

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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.