Errata Sheets in Utah are governed statutorily by Rule 30(e) of Utah’s Rules of Civil Procedure. Utah Code Ann. § 5-30 (West 2017). This Rule states that witnesses can make changes to the transcript in either form or substance. Id. To do so, the witness must sign a statement of the changes and provide reasons for the changes to the deposition officer. Id. This must be done within 28 days of the witness being notified by the officer that the transcript is available. Id. The deposition officer will then append any changes the witness made to the original transcript. Id.
While witnesses are allowed to make changes to their testimony, witnesses cannot add testimony under the guise of changing testimony. Daniels v. Gamma West Brachytherapy, LLC, 221 P.3d 256 (Utah 2009) (where court held witness did not change testimony but rather added new testimony when the answer was changed from saying radiation damaged patient’s left ureter to say that radiation damaged both left and right ureter). Additionally, if a deponent makes a high number of substantive changes and does not offer to reopen the deposition on the deponent’s expense, then the changed testimony may be inadmissible. Albrecht v. Bennet, 44 P.3d 838 (Utah Ct. App. 2002). Further, the reasons for the changes cannot be a vague list, but instead must be specific and sufficient to show the reason. Id.