How to Change the Deposition Testimony for a Witness

In a large civil case, witnesses often give a deposition. A deposition, referred to in some states as an examination before trial, is oral testimony taken in the presence of attorneys for all parties with a court reporter who transcribes the testimony. In all states, a witness giving a deposition has the right to request a transcript of their testimony and make changes to the transcription by filing an errata sheet.

Instructions

1. Investigate your state's jurisdiction on the permit to the filing of an errata sheet. Most state courts have adopted Federal Rule of Civil Procedure 30(e), which allows a deponent the right to review and make corrections to a deposition transcript within 30 days of the deposition. Some states, including New Hampshire, do not allow a deponent to edit the deposition transcript, but do permit a deponent to file a list of alleged errors.

2. Refuse to waive signing the deposition and request the opportunity to review the transcript. Under Rule 30(e), a deponent must request the opportunity to review a deposition transcript before the deposition is completed. You or your attorney requests the opportunity to review the deposition documents.

3. Receive a typed and bound copy of the deposition. After transcribing and binding the deposition recording, the party responsible for recording the deposition sends you or your attorney a complete transcript of your deposition. After receiving this copy, you have 30 days to submit corrections.

4. Review the testimony set forth in the deposition carefully. Deposition transcripts tend to have hundreds of pages. Make a draft sheet of changes before filling out the errata sheet. Keep in mind that, in most jurisdictions, both the original transcript and correction appear in the official court transcript. Major substantive changes to the transcript, such as changing a "yes" answer to "no" on an important issue, may still be impeached by an adverse party at trial.

5. Indicate any changes to be made on the accompanying errata sheet. For each correction, provide the page number, line number, original text and correction. Once you finish making corrections, sign the errata sheet.

6. Return the testimony and the errata sheet to the deposition recorder. The deposition recorder makes changes to the deposition transcript, then provides you or your attorney with an amended copy of the deposition transcript.

References

• Cornell University Law School: FRCP 30
• American Bar Association: Rule 30(e) -- What You Don't Know Could Hurt You
• DD Reporting: Errata Sheet
• Emory University Office of Risk and Insurance Services: Deposition Instructions