Expert Witness Blog

Errata Sheet Rules for Depositions in Virginia

Errata Sheets in Virginia are governed statutorily by Rule 4:5(e) of the Virginia Code. Va. Code Ann. § 4:5(e) (West 2017). This rule requires the witness to examine the transcript once completed unless the parties have agreed in advance to waive the witness’s examination. Id. The witness can make changes in either form or substance to the transcript and submit them to the deposition officer. Id. The witness must provide a statement of reasons for the change(s) along with the changes. Id. The witness should then sign the deposition, unless the parties have mutually agreed to waive the witness’s signature or the witness refuses to or is unable to sign. Id. The witness must sign the deposition within 21 days of it being submitted to him/her to examine. Id. If the witness does not sign within 21 days, the deposition officer shall sign the deposition and it will be considered fully signed. Id.

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