Can I Ask Court Reporter to Repeat Witness’ Answer Multiple Times?
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
I’ve seen it happen.
An attorney is cross examining a witness.
The witness says something that is entirely favorable to the attorney and his case.
In order to get the jury to realize how important the answer is, the attorney asks the witness to say the answer over again.
In some cases, the witness will comply and repeat the answer.
In other cases, the attorney will ask the court reporter to please read back the question and the entire answer.
I have been in the courtroom where an attorney has gotten a great answer and then tried to milk it.
He asked the witness to repeat the answer, as if he’s hard of hearing.
He then put his hand by his ear, pretending he did not hear the answer or that he is hard of hearing and asks him to again please repeat the answer.
After the first time, the jury will catch on quickly.
The jury will see right through the attorney and what he is trying to accomplish by milking the witness’ answer.
Sometimes, we say that the attorney is beating a dead horse.
That basically means that he has made his point and now it’s time to move on.
The judge will give an attorney some leeway, especially the first time he asks to have a question and answer repeated.
However, if he does this repeatedly, the judge will catch on as well as the jury.
Watch the video to learn more…
Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm
To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/will-the-defenses-offer-increase-as-you-get-closer-to-trial-.cfm.
If you have legal questions and your matter happened here in New York and you’re thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.
Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021