The Rules Have Changed: Do You Know Deponents’ New Rights?

Local rules have changed regarding deponents’ rights. Being up-to-date on the latest statutory requirements can save you precious time during the deposition process on cases.

Deponents’ Right to Review Previously, deponents had the ability to read and review their deposition for a period of 30 days following the deposition. The statute has now changed from the traditional position of an assumed ability to review to a requirement of request—unless deponents specifically request the right to review their deposition, attorneys are under no obligation to extend this offer.

Saving Time by Knowing the New Statute
Because attorneys are accustomed to deponents having the ability to review their depositions, many will continue to mention this as part of the deposition briefing process. But since under the new statute this is no longer required, attorneys leave themselves open to a 30-day delay while the witness reviews his or her deposition. Mentioning the 30-day review period is equivalent to offering it to the witness—which is no longer required.

Knowing the new statute means that unless the deponent requests the ability to review and sign the deposition, offering such is no longer necessary. Not automatically having the right to review the deposition for 30 days unless requested.

Knowing the statute means that you can avoid offering a deposition review period that is no longer required—saving you time that you can use to build a well-crafted case. SOS Litigation Services is staffed with litigation experts who can help you navigate the rules and processes around taking depositions. Contact us at help@soslit.com or call us any time you have questions or need assistance in scheduling depositions both locally and out of state.