When the Record Fails: How Inaccurate or Missing Transcripts Can Complicate the Search for Justice
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Three real cases show why the accuracy of a legal transcript can matter long after the courtroom falls silent.
A court proceeding may last hours, days, or even weeks.
Witnesses testify. Lawyers object. Judges give instructions. Evidence is introduced. Arguments are made.
Then the case moves forward.
For someone seeking an appeal, challenging a ruling, defending a conviction, or reviewing what actually happened, one thing becomes critically important:
The record.
A transcript is supposed to provide a reliable written account of what happened in court.
When that record is incomplete, inaccurate, or difficult to reconstruct, the consequences can extend far beyond a spelling mistake.
They can mean additional hearings, delayed appeals, disputes about what was actually said, or—where the missing material cannot be adequately reconstructed—serious obstacles to appellate review.
This isn't theoretical.
Courts have dealt with these problems in real cases.
Here are three.
1. People v. Meyers: When Large Portions of a Trial Were Missing
In People v. Meyers, decided by New York's highest court in May 2026, the problem was not a handful of typographical errors.
It was much more serious.
During Joseph Meyers's trial, the primary stenographer failed to capture substantial portions of the proceedings. The New York Court of Appeals noted that the transcript contained entries such as “blah blah blah,” “omitted,” “untranscribable,” and unintelligible stenographic characters instead of portions of what had actually been said.
The missing material was substantial.
It included three full days of jury selection, opening statements, a day involving jury deliberations and the verdict, and most of another day that included the charge conference, closing arguments and jury instructions. Some witness testimony was also affected.
The problem was discovered during the appeal.
That created an unusual question:
How do you review a trial when parts of the official record are missing or unreliable?
Instead of simply reversing the conviction, the appellate process led to a reconstruction hearing.
The court heard testimony from the original trial judge, lawyers, court clerks and others involved in the proceedings. The reconstruction also relied on detailed notes made by the trial judge and other surviving trial materials.
Ultimately, New York's Court of Appeals upheld the decision that the reconstructed record was sufficient to protect Meyers's right to appellate review.
That outcome is important.
The court did not say that the transcript errors were acceptable.
In fact, the Court of Appeals described the transcript as “utterly inexcusable.” But because the record could be reconstructed sufficiently and Meyers did not identify specific appealable issues that could not be fairly reviewed, the court affirmed.
What does this tell us?
A transcript problem doesn't automatically determine the outcome of a case.
But it can create another legal problem that should never have existed in the first place:
Can the reviewing court reliably determine what happened?
And when the answer isn't immediately clear, reconstructing the record takes time, evidence and additional legal work.
The People & c., Respondent, v Joseph A. Meyers, Appellant.
2. Republic v. Ngumi: When Speaker Identification Changed the Meaning of the Record
The second example comes from Kenya.
In Republic v. Ngumi, an anti-corruption case heard by the Magistrate's Court, the court examined transcripts and translations of recorded conversations that were relevant to the prosecution's case.
During the proceedings, witnesses identified multiple problems with the transcripts.
Some statements had been attributed to the wrong speaker.
In one instance, words appearing in the transcript as having been spoken by the accused were identified by a witness as actually having been spoken by someone else. Similar speaker-attribution problems were identified in several other portions of the transcript.
There were other problems too.
The transcript included a person who, according to evidence before the court, had not even been present at one of the meetings. There were spelling errors, translation issues and instances where words in the transcript did not correspond accurately with the recording.
The issue became significant because the transcripts were being relied upon in relation to allegations of solicitation.
The court eventually made a very important decision.
It abandoned the transcripts and corresponding translations as evidence, while retaining the original recordings.
Think about what that means.
The underlying conversations still existed.
But the written version of those conversations was considered too unreliable to rely upon.
The lesson isn't that transcription is unreliable.
It's almost the opposite.
It demonstrates why the quality-control stage matters so much when a transcript is going to be used in a legal context.
A wrong speaker label isn't merely a formatting issue.
A misspelled name isn't always merely cosmetic.
A mistranslated word can change meaning.
And when the transcript is being used to understand evidence, those errors have to be identified and corrected.
3. Dogan v. Comanche Hills Apartments: When the Missing Transcript Made Appellate Review Unfair
The third case demonstrates a slightly different problem:
What happens when the transcript isn't available at all?
In Dogan v. Comanche Hills Apartments, the California Court of Appeal considered an appeal in which there was no reporter's transcript of the relevant trial proceedings.
The underlying dispute involved a plaintiff who claimed she had been injured by a defective step.
The trial court's ruling characterized part of the plaintiff's testimony in a way that the plaintiff disputed.
On appeal, the absence of the reporter's transcript became important.
Why?
Because the appellate court couldn't simply compare the trial court's description of the testimony with an actual transcript of what the witness had said.
The appellate court concluded that it could not fairly conduct its review without a reporter's transcript. It reversed the judgment and sent the matter back for a new trial at which an official court reporter would be provided.
This is a particularly useful example because it demonstrates something easily overlooked:
A transcript isn't just a record of the past. It can be part of the mechanism that allows a higher court to review what happened.
When that record is missing, the appeal itself can become more difficult.
Three Cases. Three Different Problems.
These cases are important because they don't tell the same story.
In Meyers, substantial portions of the transcript were missing or improperly recorded, but the courts were able to reconstruct enough of the record for the appeal to proceed.
In Ngumi, inaccuracies in speaker attribution, transcription and translation undermined the reliability of the transcripts, leading the court to abandon the transcript evidence while retaining the original recordings.
In Dogan, the absence of a reporter's transcript prevented the appellate court from fairly reviewing the disputed testimony, contributing to a reversal and new trial.
None of these cases supports the simplistic claim that:
“One transcription mistake can automatically destroy a case.”
That isn't how the law works.
The consequences depend on the nature of the error, the importance of the affected material, whether the record can be reconstructed, whether the error caused prejudice, and the rules of the jurisdiction involved.
But they demonstrate something much more defensible:
When the legal record is incomplete or inaccurate, the process of pursuing justice can become more complicated.
Accuracy Is More Than Correct Spelling
When people hear “transcription accuracy,” they may think about spelling.
Legal transcription requires much more.
Accuracy can involve:
Who said what?
Speaker identification matters.
What exactly was said?
A small change in wording can affect meaning.
What was omitted?
Missing testimony, objections, instructions or arguments can matter depending on the proceeding.
Was the language translated correctly?
Multilingual proceedings create another layer of complexity.
Can the transcript be relied upon later?
A transcript may be needed months or years after the original proceeding.
That is why professional legal transcription requires more than simply producing text from an audio recording.
It requires careful review.
The Problem With “Almost Accurate”
In an ordinary conversation, someone misunderstanding a sentence may be inconvenient.
In a legal proceeding, the standard is different.
Imagine three versions of a statement:
What was actually said.
What the transcript says was said.
What someone later believes was said.
If those three versions diverge, the record becomes harder to interpret.
That is precisely why courts and appellate systems place such importance on the accuracy and integrity of the record.
Indiana's current standards for electronic transcripts, for example, state that the transcript must provide an accurate record of words spoken during proceedings and specifically address matters such as inaudible speech and proper identification of speakers.
The objective isn't to make the transcript sound prettier.
It is to preserve what happened.
What Happens When a Transcript Problem Is Discovered?
The answer depends on the jurisdiction and the nature of the problem.
Possible steps can include:
Reviewing the transcript against the original audio or stenographic record
Identifying disputed passages by page and line
Seeking corrections
Obtaining clarification from the court reporter
Requesting reconstruction of missing portions
Using other surviving court records
Raising the issue during appellate proceedings
But there is an important reason not to wait.
The longer it takes to identify a problem, the harder it may become to reconstruct what happened.
That is particularly important when original notes, recordings or other supporting material have limited retention periods.
Accuracy Protects More Than One Side
It is tempting to think transcript accuracy is primarily a concern for defendants.
It isn't.
A reliable record matters to everyone involved in the justice system.
Defendants need an accurate record when challenging a conviction or ruling.
Prosecutors need an accurate record when defending the integrity of a conviction.
Judges and appellate courts need an accurate record when reviewing what happened below.
Attorneys need accurate transcripts when preparing arguments and identifying issues.
And court reporters and transcription professionals carry an important responsibility because the written record may be relied upon long after everyone has left the courtroom.
Accuracy serves the process itself.
A Transcript Should Reduce Uncertainty—Not Create It
The purpose of a transcript is straightforward:
Someone should be able to return to the record and understand what happened.
When that record instead raises questions such as:
Who said that?
Was that actually said?
Was something omitted?
Is this translation correct?
Can we prove what happened?
the transcript has become part of the problem.
The cases above show that courts have mechanisms for dealing with defective or missing records.
But those mechanisms can involve additional hearings, reconstruction, appeals, delay and significant legal effort.
The better outcome is simpler:
Get the record right in the first place.
The Search for Justice Depends on the Record
Justice does not end when a hearing ends.
Cases may continue through appeals and reviews long after the original proceeding.
And when that happens, the people reviewing the case weren't necessarily in the courtroom when the evidence was presented.
They depend on the record.
That makes accuracy more than a transcription preference.
It is part of preserving the history of the proceeding.
The three cases discussed here show different consequences when that record fails:
A record may need to be reconstructed.
A transcript may be rejected as unreliable.
An appellate court may be unable to fairly review what happened.
None of that means every transcript error changes a verdict.
But it does mean that accuracy matters most when the stakes are highest.
Because when someone needs to challenge what happened in court, there may be no opportunity to simply replay the day from memory.
They need the record.
And the record needs to be trustworthy.
A note for legal professionals and court reporters
Professional transcription support should never be treated as a substitute for the responsibilities of the official court reporter or the applicable rules of a jurisdiction.
But when transcripts are being prepared, reviewed, formatted, or supported for legal use, rigorous quality control matters.
At Verbalscripts, our approach is built around transcription, review, proofreading and formatting—with attention to speaker identification, wording, spelling, punctuation and unclear portions before a transcript is delivered.
Because in legal work, “close enough” is not a quality standard.