Another search string that bewilders me.<\/p>\n
Short answer to the question: Yes. Longer answer to the question: Yes but … huh?<\/p>\n
Here’s what happens after a deposition, when a transcript has been provided by the court stenographer, i.e., when there’s a deposition one can read<\/em>.<\/p>\n The lawyer who conducted the deposition \u2014 subpoenaed the deponent, scheduled it with the opposition lawyer (and often re-scheduled it because there are always difficulties in getting everyone into a conference room at the same time) and hired the court stenographer \u2014 receives several copies of the deposition transcript a week or so after the deposition.<\/p>\n Let’s say you’re the plaintiff and you were deposed by the defendant’s lawyer. Your lawyer will receive the original deposition transcript and probably a copy. She will let you know that it’s in and will arrange to get it to you (or get you to it), because you do get to read it. You get to do more than read it: you read it and on a form that came with the transcript but is not attached to it, a form usually called an errata sheet (errata = mistakes), you will make note of any mistakes the stenographer might have made, and will write out your corrections.<\/p>\n The errata sheet(s) are lined and divided into columns: page, line, error, correction and the reason for the correction. As an example, I am looking now at my own deposition transcript errata sheet and see this line:<\/p>\n PAGE\u00a0\u00a0 LINE\u00a0\u00a0 FROM\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 TO\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 REASON<\/strong><\/p>\n 20\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 16\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 convicted\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 evict<\/p>\n (Totally mystifying how a stenographer could transcript a civil case action \u2014 eviction \u2014 into a criminal case action \u2014 conviction. This stenographer was, oh, pretty stupid. I had pages and pages of corrections.)<\/p>\n You’re not allowed to change the language in an effort to correct any accidental verbal ums, ers, or essence of statements you’ve made, but will correct spelling errors (someone’s name spelled incorrectly), informational errors (the wrong address, say) and the like. (Having said that, I’ll tell you that in my last deposition transcript, the stenographer made so many grammatical errors, I did correct them. I mean, I don’t use a singular verb with a plural subject, so “was four,” became “were four.”)<\/p>\n You do not get to change your testimony in any way. You are not performing an edit. If, in answer to a question, you said “I don’t remember,” you don’t get suddenly to remember. Nor, if you answered a question and now, upon reading your answer, realize that it sounds as if you were lying \u2014 because you were<\/em> lying \u2014 do you get to change the answer to, say, “I don’t remember.”<\/p>\n That’s what is so crucially important about deposition testimony: it is graven, if not in rock, onto printer paper and you don’t get to highlight and delete.<\/p>\n After you’ve filled in your errata sheets, you will sign them and a separate page at the end of the transcript \u2014 swearing to the truth \u2014 in front of a notary public. Who will probably be your lawyer or someone in your lawyer’s office. Your lawyer will make a copy of the sheets (she already has copies of the transcript), and when the time is appropriate, will send the original transcript with your sworn errata sheet back to the opposing attorney \u2014 the one who asked you the questions during your deposition.<\/p>\n All of that is true, as well, when your lawyer deposes the defendant(s). For these transcripts, though, although you won’t be doing an errata sheet, you should without question read them, and read them carefully. (You should have been at the defendant’s deposition <\/a>anyway, as I’ve said<\/a> so many time<\/a>s before. So many times<\/a>…) Read through it once, and then again.<\/p>\n You took notes during the depositions\u00a0\u2014 and, I trust, typed and printed them\u00a0\u2014 and now take notes during your read of the deposition testimony. This time you’ll be able to pin down page numbers and even lines. The only corrections you’ll be making are to any mistakes you made in your original notes.<\/p>\n Amalgamate the two sets of notes. If you had a really good time listening to the defendant’s deposition, you’ll have a spectacularly good time reading what he said. You’ll be able to see with remarkable clarity contradictions, evasions, lies.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" Another search string that bewilders me. Short answer to the question: Yes. Longer answer to the question: Yes but … huh? Here’s what happens after a deposition, when a transcript has been provided by the court stenographer, i.e., when there’s … Continue reading