Errata Sheets in Montana are governed statutorily by Montana’s Rules of Civil Procedure, Rule 30(e). MONT. CODE ANN. § 25-30-5 (West 2017). This rule requires that if requested by a party or the deponent before the completion of the deposition, the deponent must be given the opportunity to review the transcript. Id. If the request is made, the deponent will have 30 days to review the transcript from the day that the deponent is notified of the transcript’s availability. Id. During the 30 days, the deponent will review and make any necessary changes in form or substance to the transcript. Id. If changes are made, the deponent must also provide a statement of the reasons for making said changes. Id.
If a deponent makes substantial changes to the transcript that creates a contradiction between the original testimony and the changed testimony and the deponent does not sufficiently explain the reasons for the changes, additional testimony may be necessary. Albert v. Hastetter, 48 P.3d 749 (Mont. 2002). In these situations where substantial changes are made and the opposing party is not afforded the opportunity to cross examine the deponent regarding the changes, the District Court is in the best position to weigh the evidence and determine the appropriate weight to give the altered testimony. Id. Furthermore, both the original and changed answers are part of the record and can be used to impeach the witness at trial. Id.
