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Timing on Deposition Transcripts provided to witness for review

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Justimare

Member
What is the name of your state? FLORIDA - Pro Se
In a civil law suit, my deposition was taken in the course of 2 days; the firs being August 20th and the second one on August 25th by 2 different court reporters.
I just received an email from the second court reporter telling me that my transcripts are ready today (October 22nd) and I only have until October 25th to read and review of it; that if I don't go to the court reporters office to read and review the transcript, said transcript will be filled without further notice. (Court Hearing is this Monday October 28th).

Aren't the court reporters in Florida regulated that they must provide transcripts with enough notice to the parties?. The Court Reporter is giving me less than 3 business days to review the transcripts and I reside in a different county that the court reporters' office. It takes greater distance and time for me to go there.

I read Fla Stat. 1.310 (e) Witness Review and it states that If the testimony is transcribed, the transcript shall be furnished to the witness for examination and shall be read to or by the witness unless the examination and reading are waived by the witness and by the parties. Any changes in form or substance that the witness wants to make shall be listed in writing by the officer with a statement of the reasons given by the witness for making the changes. The changes shall be attached to the transcript. It shall then be signed by the witness unless the parties waived the signing or the witness is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within a reasonable time after it is furnished to the witness, the officer shall sign the transcript and state on the transcript the waiver, illness, absence of the witness, or refusal to sign with any reasons given therefor.

I believe the court reporter is in bias with the other party ; first of all I haven't even heard from the first court reporter that took the first part of my deposition on August 20th and now this second court reporter is giving me no time to act.....

What could I do about this?...suggestions?. I am Pro Se.
 


Justimare

Member
For reference purposes and background information, here is a link to your previous recent thread:
https://forum.freeadvice.com/threads/civil-case-pro-se-awarded-attorney-fees.656026/
I suggest you read the transcripts now but you could file for a continuance if you feel you need more time to prepare. There is no guarantee a continuance will be granted.
Thank you.
After reading the transcripts, can I make changes in form or substance?, what does exactly mean changes in form or substance?, can I change my answers to the questions at deposition?, Am I interpreting the statute correctly?.
 

PayrollHRGuy

Senior Member
Thank you.
After reading the transcripts, can I make changes in form or substance?, what does exactly mean changes in form or substance?, can I change my answers to the questions at deposition?, Am I interpreting the statute correctly?.
If you don't know what "changes in form or substance" means you certainly can't make "changes in form or substance".

I think you are over your head here.
 

quincy

Senior Member
Thank you.
After reading the transcripts, can I make changes in form or substance?, what does exactly mean changes in form or substance?, can I change my answers to the questions at deposition?, Am I interpreting the statute correctly?.
See Florida's Rule of Civil Procedure, Rule 1.310(e):
http://phonl.com/fl_law/rules/frcp/frcp1310.htm
What transcription errors do you expect to find or what changes do you want to make?

You could submit any changes to the court reporter, listing reasons for the changes (e.g., transcription errors) or, because time is limited, contact the other party's attorney and see if he will stipulate to the changes.

You potentially could change your deposition answers but it can be a risk to make any substantive changes, one, because you were under oath during your deposition and, two, because the deposition could be reopened to address the changes in answers.

You fill out "errata sheets" with the changes you want to make. The reasons for the changes should be good. Don't waste anyone's time.

Both the original transcript and the altered transcript become part of the court record.
 
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Justimare

Member
See Florida's Rule of Civil Procedure, Rule 1.310(e):
http://phonl.com/fl_law/rules/frcp/frcp1310.htm
What transcription errors do you expect to find or what changes do you want to make?

You could submit any changes to the court reporter, listing reasons for the changes (e.g., transcription errors) or, because time is limited, contact the other party's attorney and see if he will stipulate to the changes.

You potentially could change your deposition answers but it can be a risk to make any substantive changes, one, because you were under oath during your deposition and, two, because the deposition could be reopened to address the changes in answers.

You fill out "errata sheets" with the changes you want to make. The reasons for the changes should be good. Don't waste anyone's time.

Both the original transcript and the altered transcript become part of the court record.
Thank you. There could be potential errors in names and perhaps errors in my answers given; like you mentioned transcription errors.

Also, during the deposition, the deposing attorney got aggravated towards me, raised her voice and her and her client (who was present at the deposition and is an attorney as well), made statements and remarks about my personal life in an oppressive manner. They also asked me several times the same question, for which I replied: asked and answered and still answered exactly the same way. I addressed the court reporter, stating such behavior for the record and I want to make sure that is contained and accurately stated in the transcripts. I felt I was bullied.
 

quincy

Senior Member
Thank you. There could be potential errors in names and perhaps errors in my answers given; like you mentioned transcription errors.

Also, during the deposition, the deposing attorney got aggravated towards me, raised her voice and her and her client (who was present at the deposition and is an attorney as well), made statements and remarks about my personal life in an oppressive manner. They also asked me several times the same question, for which I replied: asked and answered and still answered exactly the same way. I addressed the court reporter, stating such behavior for the record and I want to make sure that is contained and accurately stated in the transcripts. I felt I was bullied.
Those are probably not worth the time and trouble of correcting ... but read the transcripts to see how egregious any errors are and decide then whether you should have changes made.

You really should be speaking to an attorney in your area for direction.
 

Justimare

Member
Those are probably not worth the time and trouble of correcting ... but read the transcripts to see how egregious any errors are and decide then whether you should have changes made.

You really should be speaking to an attorney in your area for direction.
Thank you.

Well the hearing for Monday got once again canceled due to a court emergency....so no hearing for now; lets see if I can get to read the transcript with more time.
 

quincy

Senior Member
Thank you.

Well the hearing for Monday got once again canceled due to a court emergency....so no hearing for now; lets see if I can get to read the transcript with more time.
Court hearing postponements generally are not something you want but, in your case, the delays have been helpful.

Thanks for the update.
 

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