Information, not advice. This guide describes common practice for litigation staff. It is not legal advice. Rules differ by jurisdiction, court and judge, and orders in your case can change them. Check what governs your matter and ask your supervising attorney.
Reading and signing
Under Federal Rule of Civil Procedure 30(e), if the deponent or a party asks before the deposition is completed, the witness has 30 days after the reporter gives notice that the transcript is available to review it. If there are changes in form or substance, the witness signs a statement listing them and the reasons. The reporter notes in the certificate whether review was requested and attaches any changes.
State rules are similar in outline and different in detail: the period, who must ask, and whether review is the default all vary. The closing exchange of a transcript often records whether the witness will read and sign, waive or reserve signature.
How a change reaches the file
-
Review is requested
Under the federal rule the request comes before the deposition is completed, from the deponent or a party. Some state rules assume review unless it is waived.
-
The reporter gives notice
The clock usually runs from the reporter's notice that the transcript is available, not from the deposition date. Keep the notice. See rough draft vs certified.
-
The witness reads and lists changes
Each change is entered by page and line with the new text and the reason, and the sheet is signed. Some jurisdictions ask for a sworn or notarised signature.
-
The signed sheet goes back
It goes to the reporter, who attaches it to the transcript, and copies go to counsel. Mechanics differ by reporter and jurisdiction.
-
Update your file
Mark the affected pages in your working copy, your summary and your designations. Keep the original text and record the change beside it.
-
Cite with care
Where an answer was changed, decide how to cite the original lines and the sheet, following your court's practice, and stay consistent.
What the entries look like
| Kind of entry | Example | What to check |
|---|---|---|
| Spelling or name | Page 3, line 7: “Nair” to “Nayar”. Reason: spelling. | Compare with exhibits and other testimony. |
| Transcription error | A word heard wrongly, such as “can” for “can't”. | One word can reverse a meaning. Check the video, if there is one. |
| Number or date | Page 3, line 19: “ninety” to “sixty”. Reason: misspoke. | Check the documents and the rest of the testimony. |
| Substantive change | An answer reversed or an explanation added. | Whether it is allowed, and what follows, depends on the rule and the court. |
| No reason given | A change with nothing beside it. | The federal rule asks for the reasons. A missing one may draw an objection. |
What goes wrong
- Counting from the wrong day. The review period usually runs from the reporter's notice, not the deposition date. Missing it can end the right to make changes.
- Citing past the errata. A summary or brief that cites the original lines without checking the sheet may rely on a changed answer. See pulling cites into a brief.
- Overwriting the original. Editing your working copy to match the sheet erases what was said.
- Assuming every change stands. Courts differ on how far a witness may change substance and on what follows.
- An incomplete sheet. A sheet with no signature, no reasons or missing pages may fall short of the rule.
- A sheet that never reaches the file. A signed sheet delivered separately is easy to leave out. Store it with the transcript the day it arrives.
How DepoScript helps
DepoScript recognises pages headed ERRATA, CORRECTION SHEET or CHANGES AND SIGNATURE, and the reporter's certificate. It labels them in the Markdown, for example Page 61 (errata, not in turns index), and keeps them out of the Turns list so a correction is not mistaken for testimony. The Checks tab lists what was set aside. It does not apply changes to the testimony or say whether a change is allowed. Try the converter. Free: 1 file per day, up to 10 pages, no account. See pricing.
Questions
How long does a witness have to review the transcript?
In federal court, 30 days after the reporter notifies the witness that the transcript is available, if review was requested before the deposition was completed. State rules differ.
Who decides whether the witness reads and signs?
Under the federal rule, the deponent or a party asks before the deposition is completed. Some state rules start from the opposite default.
Does an errata sheet replace the original answer?
Usually not. The sheet is attached and the original answer stays on its page. How the two are used in court is a question for the rule and the case law.
Can a witness change testimony in substance?
The federal rule refers to changes in form or substance, with reasons. Courts differ on how far substantive changes go and on what follows from them. This guide only describes the sheet.
How do I cite an answer that was changed?
One approach is to cite the transcript lines and add a note or a second cite to the errata sheet. Follow your court's practice and be consistent.
Where is the errata sheet in the PDF?
Usually after the testimony, near the reporter's certificate. A sheet signed later may arrive as a separate document.
What if there is no errata sheet?
The certificate or the closing pages usually say whether review was requested, waived or still open. No sheet may mean no changes, or that the period had not ended when the transcript was issued.
Keep reading
- Rough draft vs certifiedWhat a rough draft is good for, and why cites must be re-checked against the certified transcript.
- Digest for a motionMove testimony from a digest into a brief with cites you have checked.
- Designations for trialPage-line designations, objections and counter-designations, and how the ranges are built.
- All twelve guides