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What Happens If I Make A Mistake In My Deposition?

Faq

What Happens If You Make a Mistake During a Deposition in Florida?

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 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.

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.

Can You Correct Your Testimony After a Deposition?

Changes can be technical, but can also be substantive, including:

  • Misspelled words
  • Punctuation
  • Adjustments to testimony

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.

What Is the Errata Process and How Does It Work in a Florida Deposition?

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, schedule a consultation with  Cullen & Hemphill, PLC, at 407-565-7386. We love to answer questions!