ItsBruce
Contributor
A written transcript is a terribly unreliable method of determining anything. Unless one includes punctuation marks, those are added by whomever it is that types the transcript, which leaves a lot to interpretation. I have personally seen transcripts where the words are exactly as spoken, but the punctuation essentially changed it to say exactly the opposite of what was actually said.
Consider: "She was wearing two three pounds" and "She was wearing two, three pounds" and "She was wearing two ... three pounds."
The first is read as 23 pounds. The second is read as 6 pounds. The third is read as three pounds.
Then, there is one of my favorites. The question was something like: "Did you see him strike her?" The answer was: "I don't recall that." At trial, the attorney asked the witness the attorney asked the same witness the same question. The witness answered with an emphatic "No." The attorney happily attacked the witness with the transcript: "Isn't it true that when I deposed you, you said you did not recall whether you saw him strike her?" The witness responded: "I told you I did not recall that being what I saw...what I saw was him just standing there."
Consider: "She was wearing two three pounds" and "She was wearing two, three pounds" and "She was wearing two ... three pounds."
The first is read as 23 pounds. The second is read as 6 pounds. The third is read as three pounds.
Then, there is one of my favorites. The question was something like: "Did you see him strike her?" The answer was: "I don't recall that." At trial, the attorney asked the witness the attorney asked the same witness the same question. The witness answered with an emphatic "No." The attorney happily attacked the witness with the transcript: "Isn't it true that when I deposed you, you said you did not recall whether you saw him strike her?" The witness responded: "I told you I did not recall that being what I saw...what I saw was him just standing there."