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Providing Daily Transcripts to Your Expert Witness

May 24, 2015 | Medical Malpractice

Does your lawyer have to give daily transcripts of the trial to your medical expert witness? During trial why would a lawyer obtain the daily transcripts to give to the medical expert for the purpose of testifying in a medical malpractice case or accident case?

What is a Daily Copy?

The daily copy is transcript of exactly what went on during the trial on that day. There are court reporters in the courtroom who take down all that is going on in the courtroom. The reporter will take down all the questions that are asked, all the answers that are given by witnesses, all the objections that are raised by the attorneys, and all the instructions and rulings given by the judge. Anybody who reads transcripts will know exactly what went on during the trial.

This could be done by a machine as well because of the advancement of technology and because of saving tax payer money.

What should Your Expert Witness Know Before Testifying?

When your medical expert is preparing to testify, it is often critical to give him the exact transcript of what some witnesses have talked about during the trial. He certainly is not going to sit in the courtroom all day every day taking studious notes.

The reason you have to provide a daily transcript is so that your witness knows what claims are being made by the defense, and what other witnesses have testified. Your lawyer then will be able to ask questions to this expert witness based upon what the other side is claiming, and based upon what the other side has testified about in the case.

Your Lawyer can ask Hypothetical Questions to Your Expert Witness

Providing daily transcripts to the witness enables your lawyer to ask certain questions to this witness. This witness will know what other people have testified to, without actually coming to the court, sitting there, and listening to the testimony. Additionally, your lawyer will also be able to ask hypothetical questions to the witness. For instance, your lawyer could ask, "Doctor I want you to assume that the defense’s medical expert came into court and testified to A, B, and C. Do you agree or disagree with that testimony".

This way your lawyer will be able to make your witness talk about the defense’s expert, and talk about the differences and opinions based upon the actual transcript, and the actual words that were used during the course of trial.

If your expert witness has no knowledge of what has occurred and what was said during the trial then you are at a distinct disadvantage and he may as well not even be on the stand. The type of questions your lawyer will be able to ask the witness will become very limited, and there are chances of your expert witness giving testimony that might ruin your case.

It is imperative to keep the expert witness in the loop about what is going on at the trial, so that his testimony can be up to date and more relevant to the opinions and testimonies provided by the defense. Secondly, most expert witnesses will be busy professionals who may not have the time to spend in court listening to what is transpiring or what has transpired as already mentioned. Therefore, it is pivotal to provide your expert witness with daily transcripts before they take the stand on your behalf.