Expert Witness Blog

Errata Sheet Rules for Depositions in Illinois

Errata Sheets in Illinois are statutorily governed by Rule 207 of Illinois Supreme Court Rules on Civil Proceedings. 110A Ill. Comp. Stat. Ann. 207 (West 2017). This rule provides that if the deponent does not waive signing the deposition, the deposition officer must provide the deponent an opportunity to review the deposition. Id. Further, during the review the deponent can make changes to the transcript regarding errors in reporting. Id. The deponent must note the errors on a form and explain how the individual transcribing the deposition erred in reporting. Id. Aside from these errors, the witness cannot make changes to the deposition testimony in regard to substance. Id. The deponent has 28 days from the time the deposition officer notifies him/her that the deposition is ready to be reviewed to do so. Id. If, after 28 days, the deponent has not reviewed and signed, or refused to sign the transcript, the deposition officer shall note the reason for the omission of a signature. Id. Then, the deposition transcript can be used fully as if it had been signed. Id. The Committee Comments for the rule note that while changes in substance and form used to be allowed, the rule has been changed to only allow corrections for things the deponent feels the reporter inaccurately reported in the interest of avoiding testimonial abuse. Id.

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