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 the officer notifies the witness that the deposition is available for review. Id. Also, the witness must sign the errata sheet for it to be enforceable. Id. Experts cannot use an errata sheet to alter deposition answers if they used an exhibit in the deposition to answer the question and there is no evidence they were confused when providing said answers in the deposition. Changzhou Kaidi Elec. Co., Ltd. v. Okin America, Inc., 102 F. Supp. 3d 740 (D. Md. 2015).

A claimant cannot use an errata sheet to change deposition testimony regarding something that forms the basis of the individual’s claims. William L. Thorp Revocable Trust v. Ameritas Inv. Corp., 57 F. Supp. 3d 508 (E.D.N.C 2014). Additionally, a plaintiff cannot use an errata sheet to alter testimony regarding relief sought if there is no showing of (1) new evidence or (2) that the plaintiff was confused when responding in the deposition. Wigg v. Sioux Falls Sch. Dist., 274 F. Supp. 2d 1084 (D.S.D. 2003). To change substantive information in a deposition, a witness must provide sufficient explanation as to the changes in the errata sheet. Duff v. Lobdell-Emery Mfg. Co., 926 F. Supp. 799 (N.D. Ind. 1996). Yet, there is a recognized interest in attaining full facts, and changes in deposition testimony that are made in the interest of full disclosure and do not violate any other rules are generally allowed. Cultivos Yadran S.A. v. Rodriguez, 258 F.R.D. 530 (S.D. Fla. 2009).

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