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Blog · November 4, 2014

Deposition / Hearing / Court Reporter / Stenographer / Transcript / Record / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Deposition Transcript from Defense Attorney:  There was a depo. done for an injunction hearing. The offender is still in jail since the incident in May for 2 third degree felonies and VOP. At the depo. his attorney only wanted to discuss the date of abuse that landed him in jail and ignored any thing I brought up, showed photos or emails of from another day of abuse. Judge asked me if I had any other incidents I wanted to include when it was my turn and I said yes. The injunc. was amended and set for another date because the attorney was only prepared for the 1 incident. In the mean time I have a small claims suit going on and I would like the depo. for my own record for the injunction hearing. Can I do a Request for Discover or Subpoena the depo. to his attorney for the transcript? His attorney did not file it.


A:     

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/depo–transcript-from-defense-attorney-1391634.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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9 lawyers agreed with this answer

Lucas Style Lanasa
Lucas Style Lanasa
Criminal Defense Attorney – Tallahassee, FL
Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Dean George Tsourakis
Dean George Tsourakis
Criminal Defense Attorney – Clearwater, FL
James Regan
James Regan
Criminal Defense Attorney – Fort Pierce, FL
Kendra Rumbough Davis
Kendra Rumbough Davis
Criminal Defense Attorney – Tampa, FL
Gregory John Schwendeman
Gregory John Schwendeman
Criminal Defense Attorney – Melbourne, FL
Grant Ian Schwarz
Grant Ian Schwarz
Criminal Defense Attorney – Hollywood, FL
Deian Valentinov Kazachki
Deian Valentinov Kazachki
Criminal Defense Attorney – Los Angeles, CA

” href=”http://www.avvo.com/legal-answers/depo–transcript-from-defense-attorney-1391634.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>9

Lawyers agree
Answered . It does not sound to me as through there was a deposition; rather it sounds like you had testimony at a hearing. (A deposition is not conducted in front of the judge and at a depo you – the witness / deponent – have no right or authority to dictate the terms of a deposition, whereas during in-Court testimony you will usually be permitted by the Judge to finish your thoughts and to otherwise speak your mind, regardless of the lawyer’s wishes).

Accordingly, if you want a copy of the transcript of the proceeding (assuming that it was recorded, electronically or otherwise – some jurisdictions electronically record hearings, others use stenographers and still others do not provide any record keeping mechanism leaving it up to the parties to either expend their own funds to produce a court reporter or proceed without a record) you would first have to determine whether or not the proceeding was “recorded”, and if so how and by whom.

If you were represented by counsel you should call your lawyer and ask. If not then you can call the Judge’s Judicial Assistant (JA) and politely inquire as to whether or not injunction proceedings are recorded, and if so by whom. If there was a Court provided recording done (whether by a court reporter or electronically) then the JA will be able to advise you as to how to get a copy. If not then you will have to determine whether or not the other party brought their own stenographer (if so then the Clerk would have made a notation on the Court’s File as to who the court reporter was, and you are free to contact the firm and request a copy of the transcript of the proceedings). If the JA cannot or will not help you then call the Clerk of Courts, give them the case number and ask them the same thing.

Whatever you do, remember the rule of the 3 “p”‘s (be patient, pleasant and polite) and, if it exists, then you should be able to get a transcription.

Good luck.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 
Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 

Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. “its all about reasonable doubt”!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
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