How to Deal With Deposition Errors
Mistakes in a deposition may mean the difference between winning and losing at trial. If you have run into errors with one of your depositions in San Jose, then read on for tips on how to deal with this problem.
Address Them in Time
Deponents have 30 days to review the deposition transcript after being notified by the court reporter that it is available. Keep in mind that the deponent is not required to read over her testimony unless she or another party requests it.
Request Review on Record
During the deposition, ask the deponent to review the transcript once she is informed that it is available. If you choose to use deposition testimony against the witness, and she must admit that she reviewed the transcript and determined it to be correct, then making this request may benefit you at trial and give your argument more strength. Developing a standard time to request a review may make it easier for you to remember during each deposition.
Understand the Review Process
Within 30 days of being notified that the transcript is available, the witness should read and review the transcript, as well as create a list of any changes that she wishes to make. Also, she must sign a statement that explains the reasons for each of the changes. If the witness does not provide any reasons, then she will be bound to her original testimony. Also, the court will assess whether any changes requested serve a legitimate purpose. If the answers are changed, note that the court reporter will attach the signed list of changes to the transcript, and both the original and new answers will be included in the record that was generated during discovery.
Consider Not Requesting Review
On the other hand, if you noticed a mistake that the witness made and you would like to use this against her at trial, then you may not want to request that she review the transcript and submit a signed list of changes and reasons for them.