Title: Consequences of a Court Reporter Losing Trial Transcripts
Headings: What can happen if a court reporter is unable to produce a transcript?
What can happen if a court reporter is unable to produce a transcript?
Content: Federal laws give defendants the right to receive a record of their trial for review—an important step in the trial appeal process. But when transcripts, exhibits, or other trial records go missing, the defendant has effectively lost his right to an appeal, often leaving the court no choice but to retry the case. Suppressed evidence. An incomplete court record can have a devastating effect on the outcome of a case. Many attorneys have seen crucial evidence suppressed because of a simple omission of evidence documentation, such as failure to record a copy of the search warrant affidavit in the transcript. Contempt charges. In some cases, there may be no other option but to hold a court reporter in contempt until she finishes her work. In one case, a court reporter had failed to produce a transcript for an appeal for over two years, despite having been granted four extensions. Eventually, the appeals court found her in contempt, and she was sentenced to jail, where she was ordered to start typing until the record was complete. One of the easiest things court reporters can do to prevent unnecessary losses is to back up their work.