THE IMPORTANCE OF TRANSCRIPTS

It is important to note that during all the court hearings in which you participate there is a clerk sitting at a desk recording everything that gets said in the court room.  That means that every word you say, every word that the opposing party says, and everything that the judge says is on the record.  


If you are in a high conflict divorce with an abuser, you are going to need to have a transcript of every hearing that takes place in your case.  The prime advantage of these transcripts is that you will know exactly what everyone has said during a hearing.  


One of the problems that I have had is that I am often very upset or very stressed out by what is going on in the courtroom and, as a result, frequently I haven't actually heard what the Judge has said.  This can be a problem if I try to quote him later and then quote him wrongly.  With a transcript in my hand, I will quote him exactly as he said it.  Also, when it comes to the law, wording counts, and so you have to know exactly what words the judge used in making a determination or drawing a conclusion in order to understand specifically what the judge meant.  It is also useful to read a transcript to determine where you failed in your argument and where you need to provide more backup information when you are next in court.  It's like watching replays after a football game to see where you went wrong and what you need to do the next time to do better. 


Also, with the transcript in your hand, you can later directly quote the judge accurately when writing a letter to another party.  Also, while you are not allowed to attach documents to motions you submit to court, you are allowed to attach copies of excerpts from court transcripts to your motions.  Frequently, the proceedings in court can back up your motions substantially and add extra weight to the requests that you make in your motion.  Do keep in mind that when you attach a transcript to your motion, you need to include the front page of the transcript as well as the certification page from the clerk who typed it up.  


If your opponent has made damaging admissions in court, the transcripts can provide evidence of that.  If the judge is inconsistent in his or her statements, the transcripts provide evidence of that.  If the judge addresses you in an improper manner, the transcripts show evidence of that.  


Of course, I have known of situations where clerks simply did not include in their transcripts interactions or comments that were damaging to the judge.  This is a reason for any litigant to consider bringing their own tape recorders to court.  I would certainly recommend that as a backup.  


Keep in mind that if you are intending to appeal a verdict, you are going to have to provide copies of the transcript of the hearings anyway.  A day of hearings ordinarily takes up to 60 to 70 pages worth of transcript.  


In order to get a copy of a transcript of a hearing, you have to go to the Court Reporter's office on the second floor of the criminal court building on Lexington Avenue.  To get there, you have to ask a marshall to escort you.  He will stand and watch you while you fill out your order and then escort you out when you are done.  


When you order copies of the hearings, you have to fill out a transcript order form including the case name, the judge's name, where the case was heard, the date the case was heard, and the docket number.  Also, you need to provide your name, address, phone number, and a brief description of the proceedings you are ordering.   


The fees for transcripts for a private party are as follows:  expedited, meaning within five days, and cost $4.75 per page, unless someone else ordered the transcript before you did, in which case the fee would be $3.50 per page); overnight, i.e. by 5:00pm on the next business day, which would cost $6.35 per page, unless someone else ordered the transcript before you did, in which case the fee would be $4.60 per page; and regular or standard, which would be $3.00 per page unless it had been ordered before which would make the cost $1.75 per page.  If you ordered transcripts of a hearing that took all day, you could end up paying from $180 and on up depending upon the rate you chose.


Most of the time, I have done the expedited rate because I needed to know the details of what went on in court promptly.  Only very rarely did I get a reduced fee because the other side had ordered it already, but it did happen sometimes.  Also, be aware that if you are indigent you can obtain a fee waiver by filling out the appropriate form which you can pick up at the clerk's office.