Incomplete Transcripts

[dlw99]

What is the name of your state (only U.S. law)? Massachusetts

Defendants attached incomplete copy of original trial transcripts to recent motion to vacate order.

Affidavit of defense attorney swore it was a true and accurate copy of the transcription of the hearing, but it was not a complete copy.

Absent from the transcripts is the judge's order, which included pro-se counsel freaking out on the judge and being restrained by court officers.

The clerk said that she stopped the copy of original tape for the attorney when the judge went off the record. However she did record the rest of the hearing which was on the record.

Do I (my attorney) need to apply for my own transcripts to get a complete copy, or are the defendants obliged to provide it?

Thanks.

 

[davidmcbeth3]

you can request it under discovery but if you are leary about its completeness, order your own

 

[dlw99]

Thanks. I called the clerk (which made my atty unhappy) to ask if she provided a complete copy of the CD to the defendants. She said she stopped copying when the judge went off the record after parties rested, and failed to give the rest of the trial on the CD to defendants.

If I want to get a copy that includes the of the end of the trial (judgment and pro-se mom explosion), I will have to get it through my attorney, at my expense. Yippee.

 

[davidmcbeth3]

Thanks. I called the clerk (which made my atty unhappy) to ask if she provided a complete copy of the CD to the defendants. She said she stopped copying when the judge went off the record after parties rested, and failed to give the rest of the trial on the CD to defendants.

If I want to get a copy that includes the of the end of the trial (judgment and pro-se mom explosion), I will have to get it through my attorney, at my expense. Yippee.

did you cry for your attny's unhappiness? lol. You can order a certified copy w/o your attny --- they are public records.