Errata Sheets in Maryland are governed statutorily by Rule 2-415 of the Rule of Civil Procedure. Md. Code Ann., Cts. & Jud. Proc. § 2-415 (West 2017). This rule requires that unless the right to change and signature requirement are waived by both the deponent and the parties, the deposition officer shall provide the deponent with the transcript of the deposition along with a notice (an example of which is found in the rule). Id. The notice specifies that the transcript is submitted to the witness for the witness to make changes to and sign. Id. Any changes made become part of the witness’s sworn testimony. Id. Changes are to be made on a correction sheet that provides the changes and reasons for them no later than 30 days after the date on the notice. Id. If the witness does not return the transcript and changes sheet within 30 days, the deposition officer will sign and the original transcript will be considered fully signed. Id.

The Maryland statute limits corrections to the transcript to those that “conform the transcript to the testimony.” Pittman v. Atlantic Realty Co., 754 A.2d 1030 (Md. 2000). However, when testifying at trial, the witness can provide answers that differ from deposition testimony and then the trier of fact will determine which testimony to give more weight to. Id.

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