Trial lawyers all know how vital a role a court reporter plays during trial. The reporter is tasked with transcribing an accurate trial record and providing the only source for appellate review. A trial is the culmination of litigation that sometimes spans several years. It is also the opportunity for attorneys, after countless hours of diligent preparation, to finally package and deliver their client’s story to the trier of fact.
But despite the most thorough and engaging of presentations, the audience – that is, the judge and jury – may nod off when attorneys are at the peak of presenting their case. As such, all trial lawyers must rely on the trial record to refresh the judge’s or jury’s recollection at deliberation. But what happens if the court reporter fails to transcribe something at trial, particularly impeachment testimony? Such an omission may not only pose a problem at deliberation, but it can also create a challenge if the matter is appealed.
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