Errata sheets in California are governed statutorily by California’s Code of Civil Procedure § 2025.520. Cal. Civ. Proc. § 2025.520 (West 2017). This rule allows a witness to make changes to deposition testimony within 30 days after the deposition officer notifies the witness that his/her deposition is available to be read. Id. Parties can [...]
Errata Sheets in Texas are governed by Texas Rules of Civil Procedure, Rule 203.1. Tex. Rev. Civ. Stat. Ann. art. 9, §203.1 (West 2017). The deposition officer should provide the witness or witness’s attorney, if present during the deposition, with the transcript once it is completed and the witness has 20 days to make changes [...]
Errata Sheets in Florida are governed statutorily by Florida Rules of Civil Procedure, Rule 1.310. Fla. Stat. Ann. § 1.310 (West 2017). Rule 1.310(e) provides that a witness must be provided a copy of and read the transcript of his/her deposition. Id. The parties and the witness can mutually agree to waive the transcript review [...]
Errata sheets in New York are governed statutorily by N.Y. C.P.L.R. 3116 (McKinney 2017). This rule states that witnesses can make corrections to their depositions for 60 days after the deposition transcript has been submitted to the witness. After 60 days, the witness cannot make any more corrections to the deposition. Additionally, for the changes [...]
In Federal District Court, Errata Sheets are governed statutorily by 5 U.S.C.A. § 30 (West 2017), specifically §30(e). This rule allows a witness to change deposition testimony via an errata sheet if a request is made to do so before the completion of the deposition. The errata sheet must be completed within 30 days after [...]
By James J. Mangraviti, Jr., Esq. Expert witnesses who thoroughly prepare are far more likely to excel during their depositions. The benefits to diligent preparation include the following: • increased confidence and peace of mind for the expert and • increased likelihood that the expert will testify to the best of his ability. SEAK recommends several strategies [...]
By James J. Mangraviti, Jr., Esq. In many cases, a subpoena of the type that requires the production of certain items will accompany the expert witness’s notice of deposition. This type of subpoena is a subpoena duces tecum. The subpoena duces tecum is a very powerful discovery tool because it forces persons or parties who [...]
By James J. Mangraviti, Jr., Esq. It is especially important to excel during an expert witness video deposition. SEAK recommends the following: 1. Prepare with counsel and practice before a video camera to correct annoying, distracting, or unfavorable mannerisms, methods of answering questions, or nervous habits. Prepare with counsel and practice before a video camera. [...]
By James J. Mangraviti, Jr., Esq. To excel during cross-examination, experts should understand what they are likely to be asked. In fact, experts should consider the likely areas of cross-examination they will face as part of their preparation process. The expert should prepare truthful and artful answers to these questions. Experts are likely to be [...]
By James J. Mangraviti, Jr., Esq. There is a long-standing policy in American law encouraging vigorous, thorough cross-examination of expert witnesses. Attorneys are generally given wide latitude when cross-examining experts. What is and is not allowed to be asked during cross-examination is in the discretion of the trial judge, subject to the applicable rules of [...]