A few days after the deposition is transcribed, the client sheepishly hands his attorney his completed errata sheet. He was wrong on a lot of his testimony, he says, and has corrected himself with a couple of pages of significant changes to the substance of his testimony, involving matters critical to the litigation.
This article addresses three issues which often arise in depositions: First, the nature of changes that deponents may make to their testimony through errata sheets; second, the recourse counsel may have when such changes are made; and third, the circumstances under which a party or a deponent may terminate a deposition.