Legal Question in Workers Comp in South Carolina

i did a deposition in Dec 2010 in the presence of my attorney and 2 from my x-job. I was never informed about a 30 day period for acceptance or denial of transcripts as they were just sent with a letter stating for my files.I have now come to realize that a third of my testimony has been deleted,and a couple of words inserted.My att says its ok,and that what I have is the original.I know for sure that becuz of all thats involved in this case that it wud be more than worth it for them to stopp me proceeding as they've already been. The court reporter who at first was allowing me to come down to analyze has now told me i must speak to my attorney if i have futher ?'s. Im sure this transcript has been altered for a fact. Is this illegal? what do i do? I keep getting varying answers to this ?, and then other attorneys simply say they nebver heard of such. [email protected] / 803-226-1495 Darryl Evans


Asked on 9/29/11, 2:03 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

I'm afraid that I am one of those lawyers that have never heard of such a thing. I am not trying to say that I doubt what you are say, but I am saying that tampering with deposition transcripts is a very hard thing to imagine.

You didn't say whether what is missing was a particlar section of not. Maybe its possible that you do not have the entire transcripts. I really don't know. Its just an idea.

Although I have practiced for a long time, the type of law I practice does not involve depositions, so I do not have a lot of experience with them. I do recall however that the few depositions I have been a part of were not only typed out by the court reporter, but were also recorded.

Another thing to consider is this. Some times during a deposition, one of the attorneys will ask to "go off the record," so that the attorneys can discuss procedural or legal issues. Any conversation that took place "off the record" would not be in the transcripts.

I think you should have another conversation with your attorney and tell him/her exactly how you feel. Be perfectly candid with your attorney and see happens. Again, I am not saying that I do not believe you. However, its just a very, very hard thing to imagine that anyone would tamper with the transcripts. I wish I could have been more help and I wish you well.

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Answered on 10/01/11, 3:56 pm


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