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Review the transcript. Make any changes in form or substance. Sign a statement listing the changes and the witness's reasons for making them. See EBC, Inc. v. Clark Bldg. Systems, Inc., 618 F.
A deposition can be a basis for summary judgment. However, the Federal Rules permit substantive changes to deposition testimony within 30 days after the transcript is available to the deponent.
Unless you agree otherwise, the deponent can change the form or substance of any answer in the deposition transcript.
Use of the most common stipulation is that the deponent waives the right to read and sign the deposition transcript. Experts who agree to waive the reading and signing are agreeing to a documents' accuracy with their short testimony without even seeing the document.
It is common for a court reporter to choose what depositions to take based on the complexity including the number of parties involved. Remind your team including all attorneys, paralegals, and expert witnesses to do the same and not share the transcript copy with other parties.
Who gets the transcript first and how is up to you and opposing counsel. The stipulation is traditionally offered by the attorney who noticed the deposition, and if the offered terms are appropriate and agreed to, the proper response by attorneys for other parties present is: “So stipulated.”
Unlike most trial transcripts, a deposition transcript and the audio or video of deposition testimony are not public records. All parties to a case in which a deposition is taken, as well as a deponent are entitled to obtain a copy of a deposition transcript.
DEPOSITION TRANSCRIPTS If all parties and the deponent have stipulated, or there has been a court order, a certified transcript may be provided to anyone pursuant to the terms outlined in the order or stipulation. This is true under both California and federal law.
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