In Michigan, Rule 2.306(F) states that if the stenographer certifies the witness was under oath and that the transcript is a “true record of the testimony” from the deposition, the transcript does not need to be submitted to the witness to examine and sign. Mich. Comp. Laws Ann. § 2.306 (West 2017). Further, errors in the transcript are not fixed by the witness using an errata sheet. Mich. Comp. Laws. Ann. § 2.308(C)(4) (West 2017). Instead, this rule provides that any errors in the transcription of the testimony are considered waived unless the deponent files a motion objecting to the deposition within a reasonable time. Id. In regard to what qualifies as reasonable time, the law does not specifically say. However, when a witness tried to object to an error in deposition testimony on the third day of trial and the deposition had been taken two years prior, the court held that the objection had been waived because the time period in which it was raised was not reasonable. Incarnati v. Savage, 329 N.W.2d 790 (Mich. Ct. App. 1982). Furthermore, the court stated that in this situation, a “party exercising due diligence would have discovered the error” in the time period that had passed between the taking of the deposition and the time when the objection was raised, and thus denied the objection. Id.
