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recorded testimony

English translation: on record

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:recorded testimony
English translation:on record
Entered by: Diana Arbiser
Options:
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- Include in personal glossary

20:59 Mar 14, 2008
English to English translations [PRO]
Law/Patents - Law (general) / Procedural Order
English term or phrase: recorded testimony
"REQUESTED: Upon request of a defendant, that portion of any written record containing the substance of any relevant oral statement made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be a government agent; any **recorded testimony** of the defendant before a grand jury which relates to the offense charged; and the substance of any other relevant oral statement made by the defendant whether before or after arrest in response to interrogation by any person then known by the defendant to be a government agent if the government intends to use that statement at trial..."

I don't quite understand the meaning of "recorded" in this context. Does it mean that it is on the record, or that it was recorded by a recording machine, or that there's a record of it or...?

Thanks for your help!
Diana Arbiser
United States
Local time: 04:23
on record
Explanation:
Seems to be referring to testimony given in court before a grand jury, so this is the only logical option I can think of.
Selected response from:

Mark Berelekhis
United States
Local time: 06:23
Grading comment
Thank you all!
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +7on record
Mark Berelekhis
5 +4oral testimony recorded on tape (magnetophon, lately also video)juvera
5transcribed testimony
Flavio Posse


Discussion entries: 1





  

Answers


6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +7
on record


Explanation:
Seems to be referring to testimony given in court before a grand jury, so this is the only logical option I can think of.

Mark Berelekhis
United States
Local time: 06:23
Specializes in field
Native speaker of: Native in RussianRussian, Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thank you all!

Peer comments on this answer (and responses from the answerer)
agree  Veronica Prpic Uhing
37 mins
  -> Thank you, Veronica.

agree  Terry Burgess: Testimony before a grand jury is not usually 'magnetically' recorded but goes 'on record' [court reporter]. Either way and unless Diana has more context, this is a good option.
3 hrs
  -> Thank you, Terry. Correct.

agree  orientalhorizon
3 hrs
  -> Thank you, oriental.

agree  inmb: might be a safer option, although juvera's solution also appears to be a good one
12 hrs
  -> Thank you, inmb. It's not that it's not possible, it's just not probable (at least in my experience).

agree  kmtext: Court recording is usually done by a stenographer, not on tape.
17 hrs
  -> Yep. Thank you, km.

agree  Cristina Santos
1 day3 hrs
  -> Thank you, Cristina.

agree  V_N
9 days
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +4
oral testimony recorded on tape (magnetophon, lately also video)


Explanation:
Like here:
"February 9, 2007 · The judge in the federal perjury and obstruction of justice trial of I. Lewis "Scooter" Libby has released to the public eight hours of recorded testimony Libby gave to a grand jury in March 2004."
www.npr.org/templates/story/story.php?storyId=7262723

". . . a grand juror, attorney, interpreter, stenographer, operator of any recording device, or any typist who transcribes recorded testimony may disclose matters occurring before the multicounty grand jury only when so directed by the court."
caselaw.lp.findlaw.com/scripts/getcase.pl?court=ok&vol=/appeals/1991/&invol=1991okcr2

The above examples clearly indicate the nature of the "recorded" testimony.

--------------------------------------------------
Note added at 17 hrs (2008-03-15 14:44:14 GMT)
--------------------------------------------------

The text in the question refers to 1. written records, 2. recorded testimony 3. substance of any other relevant oral statement.
In other words covers the various possibilities, one of which is the electronic recording of testimony.

Grand Jury Practice
Techniques
There is no magic in the way a witness, either the client or a third party is debriefed. The most important consideration is that the method chosen should be the most effective one for the particular witness. Thus, while tape recording the interview may create the most accurate record, it may inhibit the willingness or ability of a certain witness to talk freely.
books.google.co.uk/books?isbn=1588520838...

As the above extract explains, it doesn't happen all the time, but it exists. Obviously, it is much more likely to happen in high profile cases, like this :)

Text of Clinton's Grand Jury testimony

QUESTION: I'm going to talk briefly about your rights and responsibilities as a grand jury witness.Normally, grand jury witnesses, while not allowed to have attorneys in the grand jury room with them, can stop and consult with their attorneys.

But our arrangement today, your attorneys are here and present for consultation. (OFF-MIKE) to consult with them as necessary, but it won't count against (OFF-MIKE). Do you understand that, sir?
CLINTON: I do understand that.
www.usatoday.com/news/starr/video/video001.htm

The person preparing the transcript used the expression "OFF- MIKE" to indicate that part of what was said did not record audibly.

--------------------------------------------------
Note added at 17 hrs (2008-03-15 14:57:01 GMT)
--------------------------------------------------

Instructions for Grand Jury proceedings
The Foreman must direct the Court Reporter to tum over to him or her all of the notes, TAPES or records from which the transcripts were made. The Foreman shall then place the transcripts, notes, tapes, and records in a container and seal it.
http://www.courts.state.va.us/gjury/cover.htm

juvera
Local time: 11:23
Native speaker of: Native in HungarianHungarian
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
neutral  Mark Berelekhis: Testimony is not typically recorded. Your Libby example is famous case that got tons of media coverage, it doesn't resemble general proceedings. // Judging from the text there's no way to be sure, but it's highly unlikely.
1 hr
  -> Of coure not. But your logic is faulty: here we ARE talking about those testimonies, which happen to be "recorded".

agree  Gary D: Some times a testimony is recorded when the witness will die before the trial. other times, like in a Rape, the victim, may record it, so they don't have to be in the court with the accused
8 hrs
  -> Thanks.

agree  xxxcmwilliams: yes - http://www.npr.org/templates/story/story.php?storyId=7262723
10 hrs
  -> Thanks.

agree  inmb: quite likely (i.e. in Grisham's books :))
10 hrs
  -> Thanks.

agree  Phong Le
1 day2 hrs
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1 day8 hrs   confidence: Answerer confidence 5/5
transcribed testimony


Explanation:
.

Flavio Posse
United States
Local time: 03:23
Specializes in field
Native speaker of: Native in SpanishSpanish
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