What You Need to Know About Deposition Errata Sheets

Depositions are all about precision. Every word matters, and anything said under oath carries serious weight. But what if a witness misspeaks or a transcription error slips in? That’s where the deposition errata sheet comes in. This document allows witnesses to set the record straight. Explore when and how to use errata sheets and the limitations everyone should know.

What Is an Errata Sheet?

An errata sheet is a formal record for a deponent to correct transcription errors or clarify ambiguous statements in a deposition transcript. It’s not a do-over button but a means to ensure the transcript accurately reflects the witness’s testimony. Under Rule 30(e) of the Federal Rules of Civil Procedure, a deponent has 30 days after being notified that the transcript is available to review and sign it, noting any changes and the reasons for those changes.

What Can Be Corrected?

The rules for what can be corrected on an errata sheet aren’t the same everywhere. Attorneys need to understand what’s permitted in their jurisdiction. Most courts follow one of three general approaches:

• The traditional approach allows both minor and substantive changes, provided they meet procedural requirements. For instance, a witness can change an answer from “yes” to “no” if the reason is properly documented.
• The narrow approach limits changes to correcting transcription errors only, emphasizing that a deposition isn’t a “take-home exam.”
• A case-by-case approach evaluates the nature and timing of changes individually. Be aware that courts may reject modifications that contradict prior testimony, especially if made close to dispositive motions.

Potential Pitfalls

Misusing an errata sheet can lead to complications. Approach the errata process with diligence and transparency to avoid these pitfalls:

• Credibility issues: The court and opposing counsel may view significant changes skeptically, potentially undermining the witness’s authority.
• Reopened depositions: Substantial alterations may justify reopening a deposition, which increases costs and extends the proceedings.
• Sanctions: Inappropriate use of errata sheets, such as when changes appear to be attorney-driven, may result in court-imposed sanctions.

The Role of Legal Professionals

Properly preparing an errata sheet safeguards the integrity of the deposition and protects the witness’s credibility. Legal professionals play a key part in this process. Here’s how:

• Educate clients: Explain what an errata sheet is—and what it isn’t. Make it clear that the document is meant for fixing mistakes, not changing answers to unfavorable testimony.
• Review transcripts: Go through the transcript with the witness to spot any clear errors or confusing wording that needs correction.
• Document changes: Make sure every change is accompanied by a specific reason. Avoid vague labels like “clarification”—judges and opposing counsel will notice.

Make Every Word Count

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