Errata Sheet
(Federal)

Summary

This template is an errata sheet that may be used in federal district court cases to correct errors in a deposition transcript. This template includes drafting notes and practical guidance. A deponent or party may request that the deponent review the deposition transcript for errors and make any necessary corrections. Fed. R. Civ. P. 30(e). A deposition may only be reviewed and corrected if such a request is made. See Hambleton Bros. Lumber Co. v. Balkin Enters., 397 F.3d 1217, 1226 (9th Cir. 2005). If you are the deposing attorney, strongly consider making this request. The deponent has 30 days from the time they are notified by the court reporter that the transcript is ready to review it and, if there are changes, identify them and the reasons for making them on an errata sheet. Nucor Corp. v. Requenez, 578 F. Supp. 3d 873, 908 (S.D.Tex. 2022). The deponent must then sign the errata sheet and return it to the court reporter, indicating the review is complete. Fed. R. Civ. P. 30(e)(2). Failure to complete the review in 30 days will result in any later corrections being stricken and the deposition being finalized "as is." See E.I. du Pont de Nemours & Co. v. Kolon Indus., 277 F.R.D. 286, 296 (E.D. Va. 2011); Nucor Corp., 578 F. Supp. 3d at 908. Usually, the court reporter will ask where the transcript should be sent and handle sending out the transcript and a template errata sheet. Alternatively, the deposing attorney may choose to draft an errata sheet and either ask the court reporter to send it or take over the whole process of sending the transcript to the deponent. Using your own errata sheet may be a better option if the deponent is not represented or you otherwise want to make sure the errata instructions are clear, as opposed to relying on the template errata sheet from the court reporting service. It may also be a cost saving option if you do not want to obtain multiple copies of the transcript from the court reporting service. For a full listing of key content covering depositions in federal court litigation, see Deposition Resource Kit (Federal). For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For more about errata sheets, see Moore's Federal Practice – Civil § 30.60; The Wagstaffe Group: Federal Civil Procedure Before Trial Practice Guide, § 36-IV[A]; see also Depositions: Preparing for and Taking a Deposition (Federal), and Depositions: Preparing for and Taking Rule 30(b)(6) Deposition of an Entity (Federal).