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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16113
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Hi, I was told that the transcript of my deposition will be

Resolved Question:

Hi, I was told that the transcript of my deposition will be mailed to me for corrections. Can I reverse my answers completely, can I change to "no comment", "I don't remember", "I don't" know, or can I add to the existing answer as much as I want to?

Is there anything that is not allowed while correcting a transcript?
Submitted: 3 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 3 years ago.

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

wallstreetesq. :

Correcting a transcript is usual procedure after a deposition, however it is not a place where you can change your answer.

wallstreetesq. :

You can correct a mistake made by the stenographer, in one of your answers but you cannot change your testimony.

wallstreetesq. :

The reason you cannot change your answer is that the other side does not have an opportunity to question you on these new answers.

Customer:

That is not what I've heard from the people I know who corrected their transcripts. They did changed or clarified their answers, from yes to know, for example. Could it be different from state to state, or depending on type of litigations?

wallstreetesq. :

I am an attorney in NY for over 11 years, I can tell you if actual testimony is changed that is a violation of the law.

wallstreetesq. :

If this is possible their would be no reason for a deposition, if the parties can change their testimony at any time.

wallstreetesq. :

If a question was asked at a deposition and you "stated no", and the transcripts stated "yes", than you can correct it.

Customer:

what if I misunderstood the questions and now want to change it, or make the info more precise?

wallstreetesq. :

This would not be the place to do it,

Customer:

So I can change the answer by saying the stenographer is mistaken

wallstreetesq. :

You should write down the question and your answer, and at trial, have your attorney ask you the questions again "under oath", and then you can answer the way you want to , this is where you will clarify what you stated before.

Customer:

Can I elaborate on the answer I gave

wallstreetesq. :

If their is a mistake, it is possible, but a deposition was under oath and recorded, so the stenograhper can always look back at the tape to see if the correction is needed.

wallstreetesq. :

Yes, at trial you can, is that is the place it is often done.

Customer:

if the attorney said that he wants given information to secure because of privacy issue does it mean that this information will not be shown to the judge, to the court, or allowed to heard by the jury

wallstreetesq. :

It is hard to tell but being secure or private would mean it would be limited to the Judge and to the parties only.

Customer:

what if the answer was wrong because my memory was faulty and I want to change it

wallstreetesq. :

you would have to clear it up in trial or at another deposition, it has to be made under oath with all parties

Customer:

so they are sending me the transcript back just to check for grammatical errors

wallstreetesq. :

No, for real errors, the stenographer may have made a mistake in what she heard or interpreted from the tapes.

Customer:

so the person who told me that he made whatever changes he wanted was incorrect

wallstreetesq. :

Yes, to a point, is this a Federal case?

Customer:

no, this a civil case, discrimination at work

wallstreetesq. :

Which Court?

Customer:

in New York, i am not sure

wallstreetesq. :

Is it District Court or State Supreme Trial Court?

Customer:

I am not sure

wallstreetesq. :

The Federal Rules of Procedure do allow you to make changes to your answers,

wallstreetesq. :

Pursuant to Rule 1.310(e), Fla.R.Civ.Pro. Witness Review, it appears that witnesses have always had the right to change deposition answers even if the changes were substantive. The Rule specifically states that: "f the testimony is transcribed, the transcript shall be furnished to the witness for examination and shall be read to or by him unless examination and reading are waived by the witness and by the parties. Any changes in form or substance that the witness wants to make shall be listed in writing by the officer with a statement of the reasons given by the witness for making the changes. The changes shall be attached to the transcript. . . ." [Emphasis Added] Id.

wallstreetesq. :

But it would have to be on a separate errata sheet, and then all the parties have to be notified of your changes, where they can cross examine you

wallstreetesq. :

That only applies in Federal Cases/

Customer:

so the court will see my original answers and the corrected ones, or just the corrected ones

wallstreetesq. :

They will see both,

wallstreetesq. :

In this situation you can change all your answers to "no comment" or "do not recall", on a separate sheet,

wallstreetesq. :

Even NY allows, this but you have to follow NY procedures, meaning you can change your answer but must at the end give the reason why. NY Civ Prac ¶ 3116.02.) To make substantive changes to a deposition transcript, the witness merely follows the pertinent statutory procedure. Pursuant to CPLR 3116 (a), after the testimony is transcribed and certified by the officer before whom it was taken, the transcript is submitted to the witness to read and sign it. The witness is then entitled to make "changes in form or substance" at the end of the testimony. (Id.) Although substantive changes may be made, CPLR 3116 (a) contains two requirements that must be met. First, the statute requires that "any changes in form or substance which the witness desires to make shall be entered at the end of the deposition with a statement of the reasons given by the witness for making them." (Id.) Courts have refused to allow changes that the deponent has failed to explain sufficiently

Customer:

but the deposition is over, I was told that the transcript will be mailed to me for corrections, so when I make a correction I should state the reason why, like "and the reason for this change is so and so?

wallstreetesq. :

Yes, you will be given sheets, if you gave answers in your deposition, and now want to change them, the explanation would have to be valid, for example, you did not understand the questions correctly etc.

wallstreetesq. :

But the original will be their, and on the erratta sheet your requests to change have to be approved.

wallstreetesq. :

All sides will be given notice of the changes, and a new deposition can be ordered.

Customer:

please take into account I had no attorney present and I am a non-party to this case, can I say the answer violates my privacy, or it's irrelevant to the issues of the case

wallstreetesq. :

If you did not have an attorney, you can state you did not understand the question, and was not aware of your right to say "you do not recall", and that the answers given were not correct due to lack of legal advice.

Customer:

thank you, XXXXX XXXXX I also say that the questions violates my privacy and are irrelevant to the issues of the case

wallstreetesq. :

You can state you object to the questions asked, but it would be better to claim you did not understand the question, and answered incorrectly due to you not having legal counsel.

Customer:

do errata sheets formated to change the answer and to indicate a reason for it, or I just write the correction followed by ...and reason for a change is...or something liket that

wallstreetesq. :

Make the change and then the reason why for each question and answer.

Customer:

will a reporting agency send me back the corrected transcript

wallstreetesq. :

They will send the corrections you requested to all parties, if all parties agree the changes would be made

Customer:

how much time do I have to make the changes

wallstreetesq. :

Also, let me apologize for my answers at the top, I was thinking you were going to just cross out and change your answers which is wrong.

Customer:

that's what I thought I should do

Customer:

that is why I asked about the errata sheets format

wallstreetesq. :

In NY , The law state "No changes to the transcript may be made by the witness more than sixty days after submission to the witness for examination."

Customer:

so I can cross the wrong answer and type the correct one, with a reason for change, in pencil, or pen

wallstreetesq. :

no that you cannot do, any changes have to be requested and done on the errata shetts

wallstreetesq. :

sheats

wallstreetesq. :

CPLR 3116


Signing deposition; physical preparation; copies.


(a) Signing.


The deposition shall be submitted to the witness for examination and shall be read to or by him or her, and any changes in form or substance which the witness desires to make shall be entered at the end of the deposition with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness before any officer authorized to administer an oath. If the witness fails to sign and return the deposition within sixty days, it may be used as fully as though signed. No changes to the transcript may be made by the witness more than sixty days after submission to the witness for examination.

Customer:

what is errata sheet, a blank form of some sort

wallstreetesq. :

Yes it is the balnk sheets at the end of the transcripts

wallstreetesq. :

blank sheets

Customer:

so I just type the question's number and then proceed with a correction

wallstreetesq. :

yes, and then the reason

Customer:

so I don't have to worry about sending my errata sheets to participating attorneys, they will for sure receive them from the reporting agency

wallstreetesq. :

yes,

wallstreetesq. :

you have to sign the transcripts and mail it back, with the changes

Customer:

Is there anything else you can tell me about errata sheets so the changes will be most likely accepted by all the attorneys

wallstreetesq. :

You should claim ignorance as you did not have an attorney to clarify the questions for you, you should make your change and state you mis understood the question, or answered the question when you really were not sure of the answer ...

wallstreetesq. :

Since you are pro se, you have more leevay

Customer:

I am sorry, what is pro se

wallstreetesq. :

Pro Se, is when you do not have an attorney representing you.

Customer:

OK, I think I've tortured you enough. Thank you very much for your help.

wallstreetesq. :

Good luck, if satisfied with our service please press the accept button so we can receive credit

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16113
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 11 other Employment Law Specialists are ready to help you

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