Errata Sheets in Missouri are governed statutorily by Rule 57.03(f) of the Rules of Civil Procedure. Mo. Ann. Stat. § 57.03 (West 2017). This rule requires that the deposition officer provide the witness the transcript after it is fully transcribed, unless the examination and signing have been mutually waived by both parties or by the witness individually. Id. If the witness wants to make changes in either form or substance to the transcript, it shall do so using an errata sheet and shall also provide a statement of reasons for the changes. Id. Both the original answers as well as the changed answers are considered part of the final deposition. Id; See also Bartleman v. Humphrey, 441 S.W.2d 335 (Mo. 1969). The witness then needs to sign the deposition unless the witness is ill, dead, cannot be found, or refuses to sign. Id. If the witness does not sign the deposition by the time of trial, it will be considered fully signed. Id.

No one, including the witness’s attorney, can make changes to the transcript except for the witness, and the witness must use and give an errata sheet with a statement of reasons to the deposition officer such that the officer can input the changes. Wehrkamp v. Watkins Motor Lines, Inc., 436 S.W.2d 698 (Mo. 1969). This rule should also not be construed as an “invitation to rewrite depositions on afterthoughts.” Loveland v.Rowland, 361 S.W.2d 685 (Mo. 1962). Instead, it is to allow a witness to correct transcription errors or to change incorrect answers. Id. The trier of fact is the one who will determine if the statement of reasons is sufficient to show that the changed answers are correct and truthful. Id.

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