Fixing Deposition Transcripts When Your Questions Are Messed Up

The Illnois Trial Practice Weblog brings up the topic of how to fix a deposition transcript when there the court reporter gets the deponent's answer right, but substantively messes up the question you asked. In the post, he mentions sending a letter to opposing counsel asking them to stipulate, and if they refuse, re-open the deposition to clear up the question and answer.

An alternative approach would be sending a request for admission with the transcript page or pages attached. Under Tenn. R. Civ. P. 37.03, if the opposing party refuses to admit the change, then you may not only get another bite at the apple, but make the opposing party pay the expenses for the second deposition.

Another quick suggestion: call the court reporter to see if they had a microphone recording the deposition, and if the audio is still available to verify the mistakes you've found. Or just videotape the deposition so you can fall back on that.

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