January 31, 2018 Practice Points

How to Use Errata Sheets to Your Advantage

In a recent case, plaintiffs alleged that Nestle and Cargill perpetuated a system of child slavery on cocoa farms

by Helene Hechtkopf and Amory McAndrew

Now that you have defended a deposition, what do you do with the transcript? What if you find typographical errors or misspelled names? Dates that were misremembered? Or worse, what if your witness wants to make more substantive changes?

FRCP 30 allows a deponent to review the deposition transcript and sign an errata sheet—“a statement listing the changes and the reasons for making them.” There is a circuit split as to the scope of the changes that are allowed to be made in an errata sheet. Some courts allow only non-substantive changes, like typos or spelling errors. Other courts allow deponents to make any change in form or substance.

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