Depositions, Errata Sheets, Reopening, and Termination

Sometimes, witnesses are told they can only correct errors in their deposition testimony, but that’s not true. In Florida, witnesses can make changes to both the form and substance of their testimony. Any changes are recorded on errata sheets. In a court case, a man made three changes to his deposition testimony and gave reasons for the changes. This was allowed under the law. During a trial, a witness can make changes to their deposition and give reasons for the changes. If the changes are important, the other side can ask the witness questions about the changes. This is important because it ensures that everyone has a fair chance to challenge the evidence presented. Terminating a deposition is a serious decision and can only be done in specific situations. A deposition can only be terminated by the court, not a party. If a party feels the deposition is being conducted in bad faith or is causing unnecessary annoyance or embarrassment, they can ask the court to suspend the deposition and make a motion to terminate it. Only the court has the power to actually terminate the deposition. If the person being questioned in a legal case refuses to give complete answers during a deposition, the deposition can be stopped so that a court order can be obtained to compel complete answers. This happened in a case where a doctor was being questioned, but the court didn’t let the questioning continue after it had been stopped. In another case, a person was held in contempt of court for stopping a deposition that they had been required to attend, but they did so because their lawyer advised them to do so while waiting for a court decision. The court said that Rule 1.310(d) lets a party or witness ask for a deposition to be stopped or limited at any time. The court also said that just because someone asks for the deposition to stop doesn’t mean they’re in trouble with the court. In the Tubero case, the person being interviewed followed the order to go to the deposition, but couldn’t be punished for asking for it to be stopped. The court said the trial court made a mistake in not considering the person’s request to limit the deposition, so they weren’t in trouble with the court. It’s not always clear when Rule 1.310(d) should be used or when the circumstances in the rule are happening. It can be hard to tell if someone is being treated unfairly in a deposition. The rule says a request has to be made to the court, and the court will decide if the person asking for the deposition to stop had a good reason. Attorneys are not allowed to tell witnesses to not answer questions during a deposition. If a question is objectionable, the attorney should instead suspend the deposition and seek a protective order. Unfortunately, some attorneys are not following this rule, and the court has expressed concern about the lack of professionalism in the legal profession. If a witness changes their testimony after a deposition, you can ask to reopen the deposition. If a party improperly ends a deposition, you can ask for fees and costs. The court is urging senior lawyers to teach junior lawyers about honor and fairness in the legal profession. This is a list of legal cases and references to other legal documents by a lawyer named Robert E. Taylor, Jr. The lawyer practices in areas like civil litigation, personal injury, and malpractice. He has a background in psychology and English. This information was published on behalf of the Trial Lawyers Section. The main purpose of this publication is to promote the principles of duty and service to the public and to improve the administration of justice.

Source: https://www.floridabar.org/the-florida-bar-journal/depositions-errata-sheets-reopening-and-termination/