Appellate reviews are some of the most document-heavy processes in the justice system. And why not? They aim to correct an error in due process, among other reasons. Everything is put under the microscope—motions, pleas, memoranda, depositions, and everything else. As a result, legal transcription services can play a great role in appellate reviews.
The question is, what is the exact function of transcripts in appellate review processes?
In this article, you’ll learn how:
- The appellate review involves a higher court examining a lower court’s decision to ensure the law was applied correctly and the trial was fair.
- Federal appeals courts handle over 50,000 cases a year, with less than 10% appealed to the Supreme Court.
- Typical accuracy guarantees for automated transcription solutions reach up to 61.92%, while 100% human transcription services are more than 99% accurate.
What is an Appellate Review?
First, let’s understand the appellate review. It’s a process where a higher court magnifies a lower court’s decision. The goal? Ensure the original trial was handled fairly and the law was applied correctly without any slip-ups. To provide more context, the Federal appeals courts handle over 50,000 cases annually, with fewer than 10% being appealed to the Supreme Court.
The higher court isn’t there to rehash the facts or listen to new evidence; its mandate is to consider both sides’ legal arguments and the lower court’s decision. If the appellate court spots a major legal blunder, it might decide to reverse the decision, tweak it, or even send the case back to the lower court for round two. Ditto’s court transcription services are an effective tool in organizing and tracking legal documentation crucial in appellate review.
Common Scenarios That May Lead to an Appellate Review
So, what could go wrong for the case to escalate to higher courts? Many things could happen; below are some common examples.
Scenario | Description |
Errors of Law | The trial court misinterpreted or incorrectly applied a law or legal principle, prompting an appeal to correct the legal error. |
Procedural Errors | Significant procedural errors occurred during the trial, including improper admission of evidence, flawed jury instructions, and denial of due process rights. Ditto’s deposition transcription services ensure that pre-trial and all courtroom activities are accurately documented, and helpful in legal proceedings including appellate review. |
Insufficient Evidence | A party believes the trial court’s judgment or verdict lacked sufficient evidentiary support, leading to an appeal to re-evaluate the evidence. |
Sentencing Issues | In a criminal case, the defendant appeals their sentence as unreasonable, disproportionate, or based on improper factors. |
Constitutional Violations | A party claims their constitutional rights were violated during the trial proceedings, leading to an appeal on constitutional grounds. |
Jurisdictional Issues | The appellant shall assert that questions arise about whether the trial court had proper jurisdiction over the case. |
The Role of Transcriptions In the Appellate Review Process
In general, transcriptions offer the legal sector much to benefit from. Regarding appellate reviews, the following are some of the major functionalities of the transcriptions.
Preservation of the Record
Transcription is the most effective way to maintain necessary legal documentation for appellate reviews. Specifically, Ditto’s verbatim transcription service catches every word said by everyone in the lower court—parties, witnesses, judge, and more— and accurately records in the transcript for a complete, word-for-word record of the proceedings.
This transcript is one of the most reliable tools the appellate court has, as it enables a thorough examination of what happened during the trial. Therefore, accuracy is the most important factor in this process, as transcripts can form a foundation upon which the appellate court evaluates the lower court’s decision.
Identification of Errors
Another essential role of transcription in appellate reviews is to spot mistakes that might have occurred during the trial. The appellate court relies heavily on the records, including transcripts, to identify any irregularities or instances where proper legal procedures were not followed. This can include admitting evidence that shouldn’t have been allowed, giving the jury the wrong instructions, misapplying relevant laws, and more.
For example, consider the 2016 case of People v. Smith, where the New York Court of Appeals dismissed an appeal because the trial took place without a court reporter to create an official transcript. An electronic recording was submitted; however, it is not sufficient evidence, as the court ruled that, under CPL § 460.10(3), an “affidavit of errors” is required for the appeal to proceed.
The case highlights that although electronic recordings are informative, they are legally insufficient in the appellate process, and a specific procedural requirement must be followed.
Ditto’s court transcription services comply with legal standards – and we can provide certified transcripts that can be used in appellate review if needed.
With this process, the transcript can serve as a detailed roadmap, which guides the appellate court through the ins and outs of the trial while highlighting any instances where the lower court might have made an error. Pinpointing these errors is critical, as it lays the groundwork for filing the notice of appeal.
Facilitating Legal Arguments
Transcripts can be the best tool in lawyers’ arsenals for an appeal. Because they’re so comprehensive, attorneys can zero in on specific moments from the trial that back up their argument. They can cite specific statements from relevant courtroom exchanges to highlight errors or bolster their case.
Accurate transcripts act as concrete evidence from trial proceedings. Additionally, having a word-for-word record of the trial allows attorneys to accurately present the case context, thereby reducing the likelihood of misinterpretation during the appellate review process.
Ensuring Fairness and Transparency
In pursuing justice, transcripts help ensure that the appellate review process is fair and transparent. This verbatim record of the trial proceedings is an impartial account of what went down.
Therefore, everyone involved in the case—the appellant, the appellee, the appellate court judges, and more—eave have equal access to this record, so no one has an unfair edge. However, the transcript’s transparency isn’t just for legal professionals; in some instances, it can also be for the public. It allows everyone, like you and me, to examine the legal proceedings.
How To Choose The Right Legal Transcription Service For Your Needs
If you need a legal transcription service, Ditto Transcripts offers the best service in the industry. Signing up for our services gives you several significant advantages, including:
Accuracy
Legal transcription inaccuracies can have heavy and far-reaching repercussions. Court transcripts, especially verbatim ones, are frequently used in hearings and other legal proceedings. This means that errors could lead to misinterpretations and have the potential to significantly—and negatively—impact an ongoing court case.
Some companies may offer low prices that reflect their lack of experience, and legal professionals can sometimes unknowingly fall for this trap. Transcripts from such providers are often inaccurate and of low quality, as they lack expertise in legal terminology and specialized language. Dealing with low-quality legal transcription companies will cost you more time, money, and effort.
Never settle for the cheapest, fastest transcriber with the lowest accuracy rates. Choose Ditto; we can produce high-quality court transcripts every time, with 99% guaranteed accuracy rates. Any transcript you receive from us is guaranteed to be ready for use in court or legal research.
100% Human Transcription
According to studies, typical accuracy guarantees for automated solutions reach up to 86%.
Meanwhile, 100% human transcription services, such as Ditto, are more than 99% accurate. That means human-completed court transcripts won’t have too many glaring errors, if at all. Verbatim transcription, even with complex legal jargon, is cleanly done. You can reliably use them for any court case with confidence that everything is accurate.
Affordability
Lawyers and legal professionals understand that quality transcription might come with a hefty price, but that price tag shouldn’t say “arm and leg.”
Reliable transcription companies meet their clients’ transcription needs quickly and accurately without charging exorbitant prices.
Here at Ditto, we offer:
- Upfront costs and are willing to adjust pricing models that don’t match the required work.
- Pay-as-you-go options without committing to long-term contracts.
- Standard pricing is $1.75 per audio minute, with more economical rates available upon request.
- Turnaround times and faster options for rush jobs.
Ditto’s legal transcription prices cater to various budget and turnover preferences by offering competitive yet flexible options for consumers.
Confidentiality and Security Measures
Ditto’s legal transcription service has rigorous security protocols to ensure that every byte of data we receive and transmit is kept safe and confidential.
Our security measures include:
- Detailed Reporting and Tracking Features
- Individually Defined User Access Levels
- Individual User Names, Passwords, and PINs (immediate deactivation upon request)
- Scaled Network Redundancy
- Virtual Private Network (VPN) Integration
- Dedicated Data Centers
- Encrypting All Data With SSL 256-bit Encryption
- Criminal Background Checks
Corporate legal departments, law firms, and other institutions in the legal sector handle criminal cases, so it’s better to choose a CJIS-compliant legal transcription services company like ours.
CJIS compliance is a mark of a reputable and secure transcription company. Not every official transcription provider can attain compliance with the Criminal Justice Information Services, as the division requires passing security guidelines that exceed typical security requirements.
Ability To Certify Transcripts
Legal transcriptions for depositions, custody hearings, court orders, conference calls, client meetings, witness testimony, interviews, and other law enforcement transcription documents are admissible in court and are often submitted as evidence.
However, transcriptions submitted to the court require proper certification—meaning your transcriptionist must be able to certify their transcripts. Transcript certification has strict requirements, including the transcriber’s capacity to appear in open court and testify under oath, as court reporters do. Offshore and automated transcription services, therefore, cannot certify transcripts. We, however, can certify any legal transcript upon request.