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Proofreading the Bench-Trial Transcript

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Proofreading the Bench-Trial Transcript

Before certifying a 63-page transcript of a civil bench trial, you proofread this excerpt:

  1. “THE COURT: counsel, your client stated that he had went to the store on Tuesday, and that he seen the defendant.”
  2. “The witness testified that the contract was dated May 5th, 2021, and was for $10,000 dollars.”
  3. “The plaintiff, who’s attorney objected, said the policy was implemented in 2019.”
  4. “The officer responded to 123 Main St. at approximately 5 p.m.”
  5. “The witness stated, ‘I ain’t never signed nothing.’”
  6. “The doctor prescribed 5 milligrams of the drug.” The judge’s chambers asks you to “fix the grammar” in item 1 because the transcript will be published. The audio confirms the witness said “had went” and “seen,” and that the judge said “counsel” with a lowercase sound but the transcript style capitalizes headings. Your office uses a style manual that spells out numbers zero through ninety-nine and uses numerals for dates, times, and measurements.

1. For each numbered item, identify what you may correct and what you must leave, and why.

Read the worked answer
  1. Capitalize “Counsel” because it begins the judge’s utterance after the speaker label. Leave “had went” and “seen”: the audio confirms those words, and they are the speaker’s grammar, not your transcription error. Do not change them to “had gone” or “saw.” 2. Change “May 5th, 2021” to “May 5, 2021”; full dates do not take an ordinal suffix. Change “$10,000 dollars” to “$10,000” or “ten thousand dollars”; the dollar sign already denotes dollars. These are style/transcription corrections. 3. “Who’s attorney” requires an audio check. If the speaker said “whose,” correct the homophone; if the speaker said “who’s” (who is), leave it and do not add [sic] automatically. 4. “123 Main St.” may be expanded to “123 Main Street” if your style manual requires it; “5 p.m.” is acceptable as a time. 5. Leave “I ain’t never signed nothing” exactly. It is dialect and grammar, not a transcription error. Do not add [sic] merely because it is nonstandard. If your style uses double quotation marks for quoted speech, change the single marks to double. 6. “5 milligrams” is a measurement; if your manual uses numerals for measurements, leave it. If it spells out all numbers under 100, change to “five milligrams,” but apply the rule consistently.

2. The judge’s chambers asks you to fix the grammar in item 1 before publication. How do you respond?

Read the worked answer

Decline, respectfully and clearly. Explain that “had went” and “seen” are the speaker’s words, confirmed by the audio, and that changing them would misrepresent the record. The transcript may be published, but publication does not change the standard: it must be a true and accurate record. You may offer alternatives: publish a separate cleaned version clearly labeled as an unofficial reading copy, or include an editor’s note explaining that the official transcript preserves the spoken words. If the judge wants to correct his own statement, he can do so on the record; a chambers request or the judge’s memory is not a source for altering a transcript. If there is a genuine transcription error, correct it against the audio and note the correction. Document the ex parte request and do not alter the notarized certificate. Your independence is part of the certification.

3. What about item 3’s “who’s” and item 5’s “ain’t never”? Would you use [sic]?

Read the worked answer

For item 3, resolve “who’s” versus “whose” by listening to the audio. If the speaker said “whose,” it is a homophone error by the transcriber and should be corrected. If the speaker said “who’s” meaning “who is,” leave it as spoken. For item 5, do not use [sic] for “ain’t never.” It is dialect, not an apparent error in quoted written material, and [sic] can look like mockery or editorializing. Generally, [sic] is reserved for quoted written text that contains an obvious error; spoken grammar is preserved without it. If your style manual requires [sic] for certain obvious errors, use it sparingly and consistently, and never to signal disapproval. Brackets signal editorial insertion, so any bracketed note should be necessary and neutral.