read back


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Related to read back: Red back

read back

A phrase used in air traffic control terminology meaning, “Repeat all, or the specified part, of this message back to me exactly as received.”
References in periodicals archive ?
The testimony was taken down and the failure of the court to have it read back to the jury at their request was error, and by the very nature of the testimony the error was not harmless, as it was in Bates v.
4th DCA 2001), the trial court was deemed to have abused its discretion when, after the jury requested a read back of alibi testimony, the court informed the jury there were no transcripts and that jury members should rely upon its collective recollection.
3d DCA 2009), the Third District Court of Appeal held that although the trial judge erred in instructing the jury that, "the law did not permit him to read back testimony," the error was harmless due to the overwhelming evidence of guilt.
One decision held that a failure to grant the jury's request for a read back constituted fundamental error.
The trial court is allowed to read back only portions of the proceedings, as long as such a read back is not misleading.
Although questions concerning the read back of testimony have long been a concern for the courts, the issue was especially burdensome in the era of typed and written transcripts.
Although a read back from the court reporter is still an option, in the modern era, trial courts have a far better and easier option through the playing back of testimony.
As discussed above, the trial judge is left with great discretion whenever a read back request is made by the jury.
Members of the jury, you have asked that the following testimony be read back to you: (describe testimony) The court reporter will now read the testimony which you have requested.
Whenever a request for a read back is made, the trial court is required to inform all parties.
As with most issues, if a party objects to the read back, either in total or in part, a contemporary objection must be made to preserve the issue for appeal.
In both civil and criminal cases, the instruction would be titled, "Read Back of Testimony": "If any of you have questions during your deliberations about any part of the testimony and wish to have parts of the testimony read back to you, please make such a request in writing, giving it to the bailiff which will then be reviewed by me and the parties.