Errata Sheets in Louisiana are governed statutorily by Louisiana’s Code of Civil Procedure, Article 1445. LA. CODE CIV. PROC. ANN. art. 1445 (2017). This rule requires that once the transcript is complete, it is to be submitted to the witness to be read and examined unless both parties have mutually agreed to waive the examination and signature. Id. The witness can make changes to the transcript in either form or substance. Id. If changes are made to the transcript, the witness must provide a statement of reasons for making the changes to the deposition officer. Id. The witness should then sign the deposition unless the signature was waived by mutual stipulation of the parties, or if the witness is ill, unable to be found, or refuses to sign. Id. The witness has 30 days to make changes to and sign the transcript from the date the transcript is submitted to the witness. Id. If the witness does not sign the transcript within 30 days, the deposition officer will sign the transcript and it will be considered fully signed. Id. Any changes the witness makes to the transcript in form or substance will be admissible along with the original answers. Fireman’s Fund Ins. Co. v. Browning-Ferris Industries, 714 So.2d 168 (La. Ct. App. 1998). This means the opposing party can use the original answers and the changed answers to impeach the witness at trial. Id.
