Chicago, IL asked in Criminal Law, Personal Injury, Civil Litigation and Small Claims for Illinois

Q: Can I use transcripts from a Criminal case in a Civil case that I'm pursuing for damages?

Can I use transcripts from a Criminal case in a Civil case that I'm pursuing for damages? I have a civil trial coming up and would like to use the criminal case transcript to prove the person was found guilty and use the persons testimony against them if they try to testify differently. Also, how do I get the transcripts admitted into evidence?

I do have a copy of the criminal transcripts that the individual was found guilty of battery and I filed a civil case against them in order to try to recover from my injuries/hospital bill. The individual was not covered by insurance at the time but lie to the police stating she had insurance

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

A: Get a certified copy of the criminal docket showing the charge and conviction. Restitution should have been ordered. Contact the victim assistance coordinator at the DA's office. Use the transcript. Make two copies so if the person changes their story you can hand one to them and one for the judge to look at. You ask the judge to accept the criminal docket.

Good luck!

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
Answered
  • Chicago, IL
  • Licensed in Illinois

A: You can use testimony given under oath in another venue or proceeding to impeach a witness or party. The transcripts you refer to may be available through the state's attorney's office who prosecuted the criminal case. At least someone there would be able to tell you who the court reporter was and how to obtain a copy of those transcripts.

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