Episode 54 - Remember the Errata!

In this episode, Jim Garrity stresses the importance of always reserving the right to review the transcript of your client's deposition testimony, and provides a fresh example from one of his own cases about the errors that sometimes creep into the transcription of even the best reporters.CASE NOTES:CSC Holdings, Inc. v. Alberto, 379 F.Supp.2d 490, 493 n. 1 (S.D.N.Y.2005) (stating that “original deposition answers constitute the admissions of a party, and as such form part of the record evidence”) Dore v. Wormley, 690 F. Supp. 2d 176, 178 (S.D.N.Y. 2010) (“Plaintiff's objections to the use of her deposition transcript are belated, conclusory, and unconvincing. Accordingly, the Court disregards Plaintiff's attempt to disavow her deposition testimony and considers the transcript of Plaintiff's deposition testimony admissible evidence”) In re: Kugel Mesh Hernia Repair Patch Litig., No. 07-1842ML, 2010 WL 678092, at *2, 2010 U.S. Dist. LEXIS 16538, at *15–17 (D.R.I. Feb. 23, 2010) (reading Rule 30(e) strictly and finding that initial, timely errata sheets that did not include explanations were deficient when explantions were filed three months later).Pacheco v. New York Presbyterian Hosp., 593 F.Supp.2d 599, 605 n. 1 (S.D.N.Y.2009) (“The failure of a party to request a copy of his own deposition transcript precludes his right to make changes to his transcript.”)1993 Advisory Committee Notes ro FRCP 30 (clarifying that pre-filing review by the deponent is required only if requested before the deposition is completed. If review is requested, the deponent will be allowed 30 days to review the transcript or recording and to indicate any changes in form or substance. Signature of the deponent will be required only if review is requested and changes are made. Ogbon v. Beneficial Credit Servs., Inc., No. 10 CIV. 3760, 2013 WL 1430467, at *2 n. 2 (S.D.N.Y. Apr. 8, 2013) (“[A] deponent is required to sign the deposition transcript only if review of the transcript is requested before the deposition is completed and changes are made by the deponent.”)*Maeda v. Kennedy Endeavors, Inc., 2021 WL 4134811 (Sept. 10, 2021) (errata sheet struck on technical grounds)