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What states allow original to be sent to witness for reading?

I know California does, particularly LA County. So reporters often lose a copy because the original gets sent to the witness or his attorney. I just learned that is also true in Texas. I didn't know it was that way in Texas. Anyone from Texas know about this?

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Permalink Reply by Marge Teilhaber (TILE hobber) on November 15, 2013 at 16:46

I've done a lot of TX work and have not experienced this. I play dumb and walk over with an order form and say, "How would you like your certified transcript?" and mention hard copy, electronic, mini, etc, and they've always gone for it. Even with that awful stip thing in Sup Ct of St of CA, I've gotten orders. Not all the time, though, but there've been a few.

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Permalink Reply by Kerry F on November 15, 2013 at 17:21

Well, I had an attorney who was representing the expert witness and Plaintiff in the case ask to have the original sent directly to him. I checked with the Texas reporting agency and they said if an attorney specifically asks to have the original sent to him or the witness they have to provide it.

This attorney was doing this to not pay for his copy. But this is the first time I've run into this on a Texas case.

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Permalink Reply by Marge Teilhaber (TILE hobber) on November 15, 2013 at 17:33

Really sorry to hear that this TX agency is making it so easy for this lawyer to steal from us.

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Permalink Reply by Kerry F on November 15, 2013 at 18:06

They said they have to do it if the original is specifically requested. It's just the first time I ever heard this about Texas, but it's also the first time a Texas attorney has requested to have the original sent to him.

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Permalink Reply by Carol A. on November 15, 2013 at 20:05

Hi Kerry.....in New York the taking attorney is sent an O & 2 and he sends the original to the witness' attorney, and he, in turn, sends it to his witness to read and sign. Then his attorney sends back the original signed transcript and errata sheet to the taking attorney. In New York, the witness' attorney gets a free copy according to our usual stipulations, unless it's a non-party witness, then the taking attorney gets and O & 1 and the other side usually orders a copy.