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Stipulations for the End of a Depo

ThinkstockPhotos-179049810There are certain stipulations entered into at the end of the deposition that can be very useful. Check out these stipulation suggestions, along with sample language to get them on the record.

Consider seeking the following stipulations at the end of the deposition:

  • The deponent can sign and review the transcript other than at the reporter’s office;
  • The deponent may sign the deposition under penalty of perjury without notarial acknowledgment;
  • The deponent will review and sign the deposition within 30 days after it’s received by counsel; and
  • The deponent will advise counsel within a particular number of days of any changes to the transcript.

Then consider using language similar to the following to make sure that you’re getting the stipulations you want clearly on the record:

EXAMINER: Do you stipulate that deponent will have 30 days after the transcript has been received by deponent’s counsel within which to read and review the transcript and make any corrections, additions, or deletions and list these changes on the errata page provided by the reporter?

DEFENDING COUNSEL: Yes.

EXAMINER: Do you stipulate that on completing the review and listing the changes, if any, the deponent will sign the transcript under penalty of perjury where indicated at the end of the transcript, without need for affirmation by a notary? And that within ten days after the deponent signs the transcript, deponent’s counsel will advise all other counsel in writing of any changes that deponent made when reviewing the transcript?

DEFENDING COUNSEL: Yes.

EXAMINER: Do you stipulate that deponent’s counsel will maintain custody of the original executed transcript and on reasonable request will produce it and lodge it with the court at the time of trial or for any motion for which it may be required?

DEFENDING COUNSEL: Yes.

EXAMINER: Do you stipulate that if the witness does not sign the transcript within the time frame, if the witness does not provide notice of any changes to the answers within the time frame, or if the original executed transcript becomes lost or otherwise unavailable, the parties agree that a certified copy of the transcript may be used for all purposes, as if it were a duly executed and corrected original transcript?

DEFENDING COUNSEL: Yes.

Of course, you don’t have to enter into any stipulations; you may simply proceed as required under the Code of Civil Procedure.

For much more on adopting stipulations to govern a deposition—including helpful warnings on what to avoid—turn to CEB’s California Civil Discovery Practice §§6.35-6.44.

Other CEBblog™ posts you may find useful:

© The Regents of the University of California, 2016. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

2 Responses

  1. I was most interested in reading Julie Brooks, Esq. Civil Discovery Stipulations article regarding deposition stipulations. I believe there may be misinformation in the article regarding the original deposition stipulation recommendation based on Code Civ. Proc. Section 2025.550(a). That specific code requires that the:

    “…deposition officer shall securely seal that transcript in an envelope or package endorsed with the title of the action and marked: “Deposition of (here insert name of deponent),” and shall promptly transmit it to the attorney for the party who noticed the deposition.”

    The official court reporter is the deposition officer, not the noticing attorney nor any other attorney at the deposition. How then does the attorney have the authority to stipulate away a requirement and responsibiltiy that is demanded upon the deposition officer?

    I would think that only by receiving the deposition officer’s agreement regarding the stipulation would the stipulation be valid.

    Am I wrong?

    • Thank you for catching this error, David. I have edited the blog post to remove that stipulation.

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