I am facing civil suit on my residential property. Plaintiff's turn in court is completed. Now it is our turn to produce witnesses in the court. My question is what happens if court typist doesn't type witness testimonial perfectly or adversely and my lawyer is not alert enough to point out that mistake at same time? Is it legal to record audio and/or video of witness testimonial in court? Which can be other solutions if any such thing happens? Please guide. Thanks.
If there is mistake made by typist you can on next date draw attention of court to mistake made in recording of testimony
court would if convinced of the mistake make necessary alterations
you cannot do audio or video recordings of testimony in court
The witness can verify the evidence deposition on the spot.
The depositions are recorded in the computer and a monitor will kept facing the witness, he can correct the mistake then and there itself.
If he still finds any mistake before the signing the deposition, he can refer the matter before court and get it rectified.
Experienced persons are given the task of typing deposition of witnesses. There can be typo errors but there cannot be any mischief in typing. Now a days deposition is recorded on computer system which can be verified by your lawyer live. Further, after recording of deposition, typed evidence will be given to your Advocate for perusal and pointing any errors. Further in Gujrat, deposition is recorded in English as well as Gujarati simultaneously.
The evidence cannot be later changed. You need to again reexamine the witness in such cases. Only typo error can be changed by application
- Since, the matter is fixed for the defendant evidence , then being the defendant you can produce your witnesses before the court.
- If the typist of the court has not type the correct statement , then you can move an application for the same before the court , and to re-examine the witnesses .
- Not legal to record the statement of the witnesses by the parties.
in case of typing error in the testimony of the witness, you can make an application to recall that witness so that he or she can explain that error or tell the court that what is typed in the testimony is not what was actually deposed
not legal to record the trial without permission of the Court
recalling of the witness is the only solution
Dear client,
1. If there is mistake made by typist you can on next date draw attention of court to mistake made in recording of testimony.
2. Audio and video of witness testimonial is not allowed in the court.
Thank you
