July 22, 2020

Why Is It Important to Review the Deposition Errata Sheet?

By: Jilio-Ryan | Posted in: Deposition

Deposition Errata Sheet

A deposition errata sheet allows someone who has been deposed to have an opportunity to make changes or corrections to the testimony they provided. Its intended purpose is to ensure that the deposed testimony is completely accurate and that they have approved the document as being their testimony.

What Role Does a Deposition Errata Sheet Play?

A deposition errata sheet is provided to the deposed individual so they can go over the document and verify their testimony. Once they sign the document, they agree that everything in the deposition is true and as accurate as possible. A deposition is a valid legal document that is given to the judge as part of a person’s actual testimony. Since it becomes part of the court record, it must be verified as accurate by the individual being interviewed.

Reasons for Making Changes

There are two main reasons for making changes. The first is changes made to the actual testimony. This can be clarifications to a statement or explaining something in greater detail. The second reason is to make corrections to the document. Court reporters may make mistakes even though they are trying to be as accurate as possible. Judges may follow a narrow line when allowing changes to be made.

Reviewing the Errata Sheet Before Finalizing

Both the deposed, as well as their attorney, must go over the deposition errata sheet prior to its finalization. Although attorneys should not try to coach or guide their clients, they can help them understand what the deposition errata is stating and whether they should consider making any substantial changes. The deposed should go over the document carefully, checking for any type of error or misinterpretation.

Using the Deposition Errata Sheet for Advantages

In most cases, the deposition errata sheet is accurate and will not need to be changed. Subtle changes that clarify a statement or go into greater depth may allow the attorneys to use the deposition to their clients’ advantage if those changes are allowed by the judge.

The errata sheet is something that can be used to verify the accuracy of the testimony. Reviewing it and making corrections wherever required is important.

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