Errata Sheet Rules For Depositions in New York

Errata sheets in New York are governed statutorily by N.Y. C.P.L.R. 3116 (McKinney 2017). This rule states that witnesses can make corrections to their depositions for 60 days after the deposition transcript has been submitted to the witness. After 60 days, the witness cannot make any more corrections to the deposition. Additionally, for the changes to be enforceable the deposition and errata sheet must be signed by the witness. If the witness makes significant changes to the deposition before signing it and does not provide sufficient explanation as to the changes, the errata sheets can, and are likely to, be stricken. Torres v. Bd. of Educ. of City of N.Y., 137 A.D.3d 1256 (N.Y. App. Div. 2016). Regardless of whether the witness is a party to the suit or not, so long as sufficient explanation is provided, significant portions of the deposition can be changed using an errata sheet. Lieblich v. Saint Peter’s Hosp. of City of Albany, 112 A.D.3d 1202, 1206 (N.Y. App. Div. 2013). However, in situations where the deposition has been greatly altered, the court may allow the opposing party to conduct further deposition. Id.

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