Depositions of parties and third persons is common in litigation. In court a deposition may be used to impeach one’s credibility if they change their story or if they are unavailable for trial testimony. That said deponents sometimes do not know whether they should review their deposition and why. Generally, reviewing your deposition and having the chance to note mistakes is important.
What should you look for?
First, are all of the facts you relayed correctly stated in your deposition. Did you misunderstand a question or give an answer that is not recorded correctly in the deposition because, for instance, you had a partial non-verbal response. If so, this should be noted on the eratta (mistake) sheet.
Second, sometimes even the spelling of a name or date can be key in a case. Did the Court Reporter correctly spell the name and/or did you not speak clearly and this resulted in a mistake in a date, time, or spelling. Cases turn on these key facts and it is important to review the deposition for accuracy.
Third, sometimes a question is asked that results in an incomplete answer or one that appears to be misleading outside of a word or two context, such as an unstated but implied word. If that is the case, this too should be noted on the deposition.
Ultimately, your counsel may have other areas he or she directs you to review. However, depositions can sometimes win or lose cases, and an incorrect answer or one that is incomplete simply because the deposition is not reviewed by you is a mistake. These may be hard or impossible to correct later. These rules are universal in nature.
Dixon & Moseley, P.C. attorneys handle a variety of cases throughout the state of Indiana. This blog post is written by attorneys at Dixon & Moseley, P.C. to provide general background information. We hope you find it useful. It is not intended to be legal advice or a specific solicitation for services.