If you have never had to deal with an appellate trial transcript that is missing deposition testimony, consider yourself lucky. When deposition testimony is being read or a video deposition is being shown to a jury or trial judge, court reporters often see no need to “re-transcribe.” The theory is that since the deposition testimony was previously recorded, there is no need for a contemporaneous transcription of the testimony ‘s presentation at trial.
However, more often than not, problems arise when the parties start to put together the appellate record months later. Were only excerpts of the deposition testimony presented to the jury? Were objections made to portions of the testimony? If so, what were the judge’ s rulings on those objections?