Q. My wife’s lawyer took my deposition several weeks ago. She then wrote me a letter saying I can come to her office to read and sign the deposition transcript. I don’t want to take more time off from work to do this. She won’t give me a copy of the transcript to read at home. I don’t understand why she wants me to come to her office for this.

A. I assume that you are representing yourself right now. If you had a lawyer, your lawyer would have been given the opportunity to order (i.e. buy) a copy of the transcript from the stenographer and then you could just have a copy and not have to go to her office to read it. You do have the right, regardless of whether you are represented by counsel or not, to order a copy of your transcript from the stenographer. You should find out the cost and weigh that against having to take more time off from work. It might just be better to buy the transcript.

Regardless of whether you buy the transcript or not, you have 30 days from the day the transcript is completed to read and correct any errors. If you do not read and sign your transcript, everything you said in the deposition is deemed accurate as transcribed upon the expiration of 30 days. While it may be fine, there is some danger in this approach if the stenographer has made any mistakes in transcribing your deposition.

Deposition transcripts are used at trial to impeach someone’s testimony. So, if you testify at trial in a way that is different from what your deposition says, your wife’s lawyer will read what you said in your deposition and attempt to make you out to be a liar at trial. For that reason, it is important that you take the opportunity to read and sign your deposition transcript.

When you read your transcript, there will be a page at the back called Errata Sheet. If you notice a mistake in the deposition transcript, you use that page to fill in what was transcribed and what you actually said. If you testified to something that you realize is not correct, you should send a letter to your wife’s lawyer explaining that on reading your transcript you realized you were mistaken during your deposition. If it comes up at trial, you can explain the misunderstanding and what you did to fix it to avoid looking like a liar.

Email questions to whickey@brickjones.com