I picked up a copy of the deposition I gave last month. The client acted like I wasn't suppose to have a copy by stating..."you never had a copy and you didn't get this from me". ??? so someone thinks I'm going to testify without a copy of what was said 3 months prior. This is North Carolina....am I missing something here?
It would be odd for Oklahoma. I've always gotten the transcript to check before they finalized it. At that point I could have raised any concerns on the accuracy of the report. I did many of them at the city for court cases and always got to review the transcript.
Just mine though and not anyone's else.
It is SOP in my little world to be furnished a copy of both the transcript and a copy of the tape. It was "understood".
I don't believe, being a little older and wiser, that I would do one without that understanding up front.
I have always gotten a copy of depo's to check for typos. The cover letter that comes with it usually says something like if you don't correct errors in your depo it will be assumed that it's correct and they can beat you over the head with it in court. The last depo I gave, I also sat through the other side's expert's depo and he sat through mine and we each got copies of each other's depo to review and find holes in the testimony. Happily, the case settled on the first day of trial so I didn't have to take the stand.
These cases drag on for years sometimes, so I don't know how you could prepare for trial properly without reviewing what you said in deposition.
Ditto, the Attorney has given me a copy of the transcript of my Deposition in every case. I thought this is S.O.P.; it seems to be here.
This was the client giving me the copy. I asked his attorney to give me a copy as soon as we were done. I haven't received one yet. The client just received his and then called me. Maybe mine is on the way....I dunno. I don't think he understood the process. I just found it weird (or ignorance on his part) that he would act as though he was giving me something I shouldn't have.
And yes, we are in the 2nd year of this dispute. 3 more suits to go and I'm about done with things. Just wish the 75° weather would get here....soon.
When you complete your deposition, you or your attorney should always request a 'reading copy' of the deposition. That give you an opportunity to read the deposition and to make any non-material corrections. There are often technical terms used that the reporter doesn't recognize which might be misunderstood or misspelled. You have a limited number of days to read the deposition and to supply a correction sheet (typically notarized).
Always re-read your deposition before you go on the witness stand to refresh your memory of what was stated and what the context was for the statements made. The attorneys will often try to trip you up by taking a statement you made out of context.
JBS
Yes, the Court system is a really good place to figure out boundary problems 😉
The proper way to do things in a deposition is after being sworn in, to state to the Court Reporter that you "do not waive your right to read and correct your deposition." If you wait until after being sworn in, your declaration is then officially entered into the record. Doing it that way will override any "standard methods of practice" in various localities. Always worked for me in both State and Federal Courts.
Do not let an attorney drag you out or imply you don't need something, etc. Get what you need or refuse to testify. I totally agree with your concern, and also with what Cliff Mugnier suggested.
