Examination transcripts have two uses at trial: they can be read into the evidence and/or used to impeach a witness.
First, they can be read in to the trial trial transcript as part of the case of the plaintiff or defendant. This literally means the transcript is read at trial, including saying “question” and “answer” as needed. When reading in a transcript, one can select portions of a transcript, but in doing so, be careful that both the positive and negative of any portion of the transcript are read in, otherwise opposing counsel may get to add to what is read in.
Second, transcripts can be used as a prior inconsistent statement to impeach a witness.
The main use for trial transcripts is appeals. “Protecting the record” is a reference to saying the things that need to be said to protect the case on appeal. This may involve objections and saying things in open Court to the Judge that one does not expect will be well-received. The best policy is that if it is key for your client on appeal, make your point directly and be respectful.
Mick created a mock examination transcript to assist clients in appreciating the physical product that flows from an examination for discovery, cross-examination on an affidavit or trial.
Click here for a Mock Examination Transcript.
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