An errata sheet is the form a deponent uses to note corrections to their deposition transcript after they've read it. It is not a chance to rewrite testimony or improve answers after the fact. Understanding what an errata sheet can and cannot do saves attorneys from waiving review rights, and saves deponents from creating impeachment material they'll regret at trial.
What an Errata Sheet Is
After a deposition, the court reporter prepares a written transcript of everything that was said. In most cases the deponent has the right to read that transcript and note any changes. Those changes go on the errata sheet (sometimes called a "change sheet" or "correction sheet"), which typically accompanies a signed certification page.
The errata sheet is usually a simple table with columns for:
- Page and line number where the change applies
- The original text as transcribed
- The corrected text
- The reason for the change
The deponent signs the sheet (often before a notary), and it travels with the transcript for the life of the case.
Two Kinds of Changes: Form vs. Substance
Reading rules and case law generally distinguish between two types of corrections.
Form (transcription) errors are mistakes in capturing what was actually said: a misspelled name, "$15,000" typed as "$50,000," a "can" that should be "can't," a wrong speaker label, or a misheard technical term. These are uncontroversial. The reporter wrote down something other than what was spoken, and the errata sheet sets the record straight.
Substantive changes alter the meaning of testimony the deponent actually gave: changing "yes" to "no," adding qualifiers, or reversing a damaging admission. Here the law splits. Some courts allow substantive changes if procedure is followed (the federal rule's text permits "changes in form or substance"). Other jurisdictions and judges take a narrower view and will strike contradictory changes or treat the original answer as still part of the record. Either way, the original answer does not disappear, and opposing counsel can use both versions at trial.
How to Read the Transcript
Whether you're the deponent or defending counsel, review systematically:
- Read the whole thing, out loud if possible. Errors hide in fast exchanges and numbers.
- Verify all numbers, dates, dollar figures, and proper names. These are where transcription errors do the most damage.
- Watch for negatives. A dropped "not" or "n't" flips meaning entirely.
- Check speaker attributions in multi-party depositions.
- Flag "(inaudible)" or "(phonetic)" markers and the reporter's parentheticals.
- Note anything that reads as the opposite of what you remember saying and discuss it with counsel before deciding whether to change it.
Defending attorneys should review alongside the client and counsel them carefully on which changes are genuine corrections versus risky substantive edits.
How to Fill Out the Errata Sheet
Be precise and minimal:
- List each change by exact page and line.
- Quote the original, then the correction.
- Give a short, honest reason: "transcription error," "misspelled name," "misheard." For substantive changes, state the actual reason; vague entries invite challenges.
- Don't editorialize or argue. The sheet is a list of corrections, not a brief.
- Sign and date, and have it notarized if your jurisdiction or the certification requires it.
If there are no changes, the deponent still signs the certification stating the transcript is accurate as written.
Deadlines and the Read-or-Waive Choice
Timing matters and varies by jurisdiction. Under the federal rule, a deponent who requested review has 30 days after being notified the transcript is available to review and sign. Many states use 30 days; some differ, and a court or stipulation can change it. Missing the deadline generally means the transcript stands as transcribed.
At the end of most depositions, the reporter or attorney will ask whether the witness wants to "read and sign" or "waive" signature. Reserving the right to read is the default cautious choice, especially for important witnesses. Waiving can be fine for routine testimony, but once waived, the deponent loses the chance to catch transcription errors.
Common Mistakes to Avoid
- Treating errata as a rewrite. Wholesale substantive flips invite a motion to strike and hand opposing counsel impeachment fuel: "You changed your answer from yes to no after you saw the transcript, correct?"
- Missing the window. Calendar the deadline the moment the transcript arrives.
- Skipping the reason column. Blank or boilerplate reasons weaken the change.
- Forgetting notarization where required.
- Not coordinating with counsel before submitting substantive changes.
What Happens After Submission
The signed errata sheet is returned to the court reporter, who attaches it to the original transcript and distributes copies to the parties. The original testimony remains; the corrections sit alongside it. If a substantive change is disputed, a party may move to strike it or seek to reopen the deposition to question the witness about the change.
A Note on Court Reporters
Most errata entries trace back to a small number of audio or terminology challenges, and an accurate transcript means a shorter, cleaner errata sheet. A skilled, well-equipped reporter, especially one familiar with the subject matter, reduces transcription errors in the first place. Attorneys and paralegals can search and compare court reporters and reporting professionals for free on this directory by location and specialty when staffing a deposition.
When in doubt about whether a change belongs on the errata sheet, the safest test is simple: are you correcting what the reporter wrote, or changing what you said? The first is housekeeping. The second is a strategic decision to make with your attorney, eyes open.