Q: After a preliminary hearing last month to secure a temporary order of protection for my teenage daughter, I ordered the official transcript. But the transcript came back tampered with in at least two or three places. In one place, an inappropriate comment made by the law guardian was eliminated. In another place, sentiments in support of the law guardian that I did not say were inserted in place of what I did say. And in a third place, the judge’s words were modified to conflict with her signed TOP. I know it’s not customary that the transcript is questioned and someone asks for a copy of the audio recording, but this case requires it. What would be the name of the motion and is there any case law to support it?
A: David’s Answer: You would file a motion for settlement of transcripts. And yes, there is caselaw supporting a motion to correct a transcript with proposed changes. If the preliminary hearing was a tape (as opposed to a stenographer), the Judge would then generally listen to the tape itself to determine if the proposed changes should be ordered. Schedule a consult with a White Plains Family Law attorney.