Legal Terminology

What is Daily Copy and What does Objection Mean During an Injury Trial in New York

When an attorney asks for daily copy, he is asking for transcripts. This is an expedited rushed transcript of all the questions that are being asked during the injury trial and the answers and statements made by people taking the stand. Obtaining a daily copy is expensive, because the court stenographer, who is taking down whatever is happening at the trial, has to expedite in making a transcript of what has been recorded.

Why is a Daily Copy Required?

A daily copy can be quite useful. The attorney who asks for the daily copy will have the exact information about what was said during the course of the trial. The lawyer will be able to use that information while cross-examining any particular witness, and he can use the information to help prepare for closing arguments. Having the transcript is also very useful when the attorney wants to quote something specific that was said. The lawyer can read from the transcript and quote the question and a specific line from particular answer. This is pivotal, since a lot of information is generated at a trial, and it is easy to overlook certain details, or not pick up on important points, when you do not have the transcript. Hence, when an attorney asks for daily copy, he is asking for the transcript about what happened during the course of the trial. In most instances, the attorney will not ask for the daily copy of the entire trial because it will be huge, and the cost will be prohibitive. However, in most cases, attorneys often ask for daily copy to know what was said exactly in opening statements, and in the testimony of key witnesses. This will help them prepare the exact wording of what was asked and what was answered, which will be very important while cross-examining a witness or for preparing closing statements. Daily copy is especially crucial in a medical malpractice case, when the attorney needs to quote exact figures or specific technical phrases made by witnesses.

What is “Objection” During a Trial?

During a trial we often hear, one attorney calling out objection to a question asked or a statement made by the opposing attorney. The lawyer after calling the objection will have to explain to the judge why he believes the question is not being properly asked or not being properly phrased. The judge has to make an immediate decision about whether or not to allow the question, and to allow the witness to answer the question.

Objection Sustained or Overruled

When the judge says, “objection sustained”, it means the judge agrees with the objecting attorney, and the other attorney cannot ask the particular question. The judge will also instruct the witness not to answer the question. If the judge says, “objection overruled”, it means the judge does not agree with the reasoning of the objecting lawyer, and the other lawyer can go ahead and proceed with asking the question.