| by Heather Duncan, Esq.
As we all know, mistakes happen. An attorney at a deposition may inadvertently mark the wrong document or use the wrong name when referencing an individual or entity.
However, once a final deposition transcript has been produced and all parties have been notified, there are specific procedures that must be followed before any changes can be made.
When allowable by applicable law, a deponent may make changes within the permitted time period on a signed errata sheet.
If not allowable on an errata sheet, changes to a deposition transcript may be made by agreement of all parties to the underlying matter in which the deposition was taken and an agreement by the court reporter.
A judge may order changes to a deposition transcript.
What this means is that an attorney may not unilaterally insist on a change to a final deposition transcript, even if the change is a mistake that should be obvious to all parties.
The same rule applies to a unilateral request to have the deposition transcript, or any part of it marked as confidential.