What Happens If I Make A Mistake In My Deposition?

We file suit in many of our cases when we cannot convince a defendant to make our client a reasonable settlement offer.  A deposition is a an event where any party to a lawsuit can take sworn testimony from a witness – regardless of whether they are a party to the lawsuit, or not.

No Anxiety Necessary Over Making A Mistake

Even though a deposition is sworn testimony and can be utilized in court, a witness or deponent does not need to worry if they make a mistake in his or her testimony. Under the Florida Rules of Civil Procedure every deponent has the right to review their deposition transcript and make any changes that need to be made in order to make the deposition testimony accurate.

Changes can be technical (i.e. mis-spelled words, correcting punctuation, etc.), but can also be substantive. However, substantive changes do open a deponent up to the risk of having to appear for a follow-up deposition to explain the substantive changes made.

Errata Is Your Friend

This entire process is known as the errata process, and the written corrections made by deponents are called errata sheets.

If you have any questions regarding depositions, common mistakes made during depositions, or the errata process, call Cullen & Hemphill, PLC, at 407-565-7386. We love to answer questions!