Errata Sheets in Texas are governed by Texas Rules of Civil Procedure, Rule 203.1. Tex. Rev. Civ. Stat. Ann. art. 9, §203.1 (West 2017). The deposition officer should provide the witness or witness’s attorney, if present during the deposition, with the transcript once it is completed and the witness has 20 days to make changes and return the transcript. Id. If the witness and parties mutually agree, the signature and corrections via paper can be waived. Id. Rule 203.1(b) allows the witness to make changes to the transcript from the deposition by writing the changes on a separate piece of paper with reasons supporting the change(s). Id. Once all changes are noted, the witness should sign the transcript under oath and give it back to the deposition officer. If the witness does not return the transcript within 20 days, the witness may be found to have waived its right to make changes. Id. However, this is left to the discretion of the court, and if there is no evidence of reason to not allow an errata sheet past 20 days, particularly if there is no harm to the opposing party, then the court can allow a delayed errata sheet. Dickerson v. State Farm Lloyd’s Inc., No. 10-11-00071-CV, 2011 WL 3334964 (Tex. Ct. App. Aug. 3, 2011).
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