6.3 Recordation of Testimony
6.3 Recordation of Testimony aetrahan Tue, 05/02/2023 - 11:17The Code of Civil Procedure allows any party to request a written transcript of testimony.1 A verbatim recordation of the testimony should always be obtained if you anticipate an appeal (other than an appeal by trial de novo). Where there is no recordation, a narrative of facts may be used.2 However, reliance on a narrative of facts is not advised because the judge or opposing counsel will often control the contents of the narrative of facts. In addition, completing the preparation and filing of an approved narrative of facts by the return date of the appeal (typically, one week after the judgment when testimony was not recorded) is burdensome on appellant’s counsel.