Expert Witness Blog

Errata Sheet Rules for Depositions in Oregon

Errata Sheets in Oregon are governed statutorily by Oregon’s Rules of Civil Procedure, Rule 39. OR. REV. STAT. ANN. § 39(F) (West 2017). Rule 39(F) requires that if a party requests, at the time the deposition is taken, then the transcript should be submitted to the witness once it is completed. Id. The witness should examine the transcript and make any changes necessary as well as provide a statement of correctness. Id. If the witness does not request to examine the transcript, a statement of correctness is not necessary. Id. If, however, the witness does examine the transcript and desires to make changes, the witness may do so by providing the changes as well as a statement of reasons for the changes to the deposition officer. Id. The party that took the deposition should then immediately serve notice of the changes on all parties. Id. The witness should then state in writing that the transcript is correct within 30 days, unless the parties have agreed to waive the signature or the witness is not willing to or physically cannot make such a statement. Id. If the witness does not sign within 30 days, the transcript shall be used as though fully signed. Id.

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