I had a civil trial in pro per. Received the reporters transcripts, however, it does not reflect what I said an did. wtf?

Business 9 views 3 answers
Trial was in in pro per. I am the plaintiff. The defense counselor switched photographs. Not admitted as an exhibit and she sent it to the jury as evidence without my knowledge. But while I was doing my monologue, I took my exhibits, (which had the correct photo) and started to describe it. While I was describing it, the defense counselor said aloud to get the her exhibit booklet (which had the fake photo) and asked me to describe that photograph, (which I did). I didn't know at the time that it was a felony violation penal code 131-142. now on appeal, I want to show the appellate justice the misconduct and evildoings of the defense. (I met with 1 juror that affirmed the fake photo at deliberation) The R.T. was altered. how to fix the problem?

Attorney Answers

3
Nancy Davito ·
I have recoded your question as being related to an appeal. Perhaps now a lawyer in your jurisdiction can assist you. Please act quickly as most jurisdictions have strict time limits on the filing of appeals. I would recommend you search 's find a layer tool to locate an appellate lawyer in your city to assist you. Good luck.
0 upvotes
Kevin Pate ·
You need to secure counsel. And, if you can prove your allegation of switched exhibits, you can contact your state bar association.
0 upvotes
Herb Fox ·
If you are asking how to "correct" the reporter's transcript, you can file a motion in the court of appeal pursuant to Rule of Court 8.155(c). If your argument on appeal is that the opposing attorney engaged in misconduct that resulted in the jury's verdict, I hope that you raised this issue (and the evidence of the misconduct and the prejudice) in a post-trial motion before the trial judge. Absent such a motion, the court of appeal will most likely find that the issue has been waived for appeal purposes. In most situations, the court of appeal expects that a litigant first allow the trial judge to consider and rule on matters such as these, and the court of appeal will most likely not consider new evidence or argument that was not first brought to the attention of the trial court.
0 upvotes

People Also Asked