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How do I correct a deposition transcript?

A. You may request that a deponent review the deposition transcript or recording, make any changes and sign a statement of the changes. FRC 30(e). A request for review is an absolute prerequisite to deposition corrections.

Can you correct a deposition?

A deposition can be a basis for summary judgment. It can be a powerful impeachment tool. However, the Federal Rules permit substantive changes to deposition testimony within 30 days after the transcript is available to the deponent.

Can you change your answer after a deposition?

Yes, you should have the ability to review the transcript and make changes. However, if you make changes, they can be used against you depending on how material the subject is to the case.

What happens if you are caught lying in a deposition?

In theory, if you lie under oath you could be prosecuted for perjury, which is a crime. The reality is that perjury charges for lying at a deposition are pretty rare. Still, one would hope that the possibility of a serious criminal charge would be enough to dissuade a witness from testing those odds.

What is the deposition errata sheet used for?

The point of allowing a deponent to prepare an errata sheet is to alert the court reporter about errors in the official record of the proceeding. It's not intended and should never be used to change the deposition testimony regarding material facts.

What does it mean to waive signature at the end of the deposition?

”A party may depose any person who has been identified as an expert whose opinions may be presented at trial.” Experts who agree to waive the reading and signing are agreeing to a documents' accuracy with their short testimony without even seeing the document. Lesson: You have a right to read and sign your deposition.

Do I have to sign a deposition?

Most attorneys view this as the right of deponent and, as a matter of course, almost always reserve the deponent's signature. If the deponent does not sign the transcript within 30 days, the court reporter will merely state on the record that signature was waived. The deposition may then be used as if it were signed.

What does it mean to sign a deposition?

A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes.

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