Handling an Original Deposition Transcript "Per Code"

| by Heather Duncan, Esq.

This month’s post answers your questions about the handling of an original California deposition transcript, absent a stipulation.

Often, the review and signature of an original deposition transcript are accomplished by means of a stipulation. At the conclusion of the deposition testimony, specifics regarding receipt and review of the original transcript and notification of any changes made by the deponent are spelled out on the record and agreed to by all parties. 

When there has not been a stipulation in a California case, review of the original transcript may be handled pursuant to section 2025.520 of the California Code of Civil Procedure (CCP) in one of two ways:

  1. Under CCP sections 2025.520 (a) and 2025.520 (b), the deposition officer shall send written notice to the deponent and to all parties attending the deposition when the original transcript is available for reading, correcting and signing. The deponent is given 30 days following the written notice to appear at the court reporter’s office, review and sign the deposition transcript and make any changes.
  2. Alternatively, under CCP section 2025.520 (c), within the same time period, the deponent may change the form or the substance of the answer to any question and may approve the transcript by means of a letter to the deposition officer signed by the deponent. What this means is that a deponent may review a Certified Copy of the deposition transcript, avoid the inconvenience of a trip to the court reporter’s office and still be afforded the opportunity to review the transcript and make any changes.

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