Time To Change Deposition Transcript - Up To 30 Days Or More

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Latest post Tue, Apr 7 2009 4:39 PM by ca19lawyer2. 3 replies.
  • Mon, Apr 6 2009 5:37 PM

    • Lizzy7
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    Time To Change Deposition Transcript - Up To 30 Days Or More

    How much time does a deponent (case - United States District Court for The District of Nevada) have to review, change and sign the deposition transcript?

    I looked up the law, NEVADA RULES OF CIVIL PROCEDURE. Which law counts for a federal court case?

    The rule 30 (e) says "deponent shall have 30 days" to review, change and sign the deposition transcript.

    Is it correct that this is a minimum, not a maximum? It doesn't say "must review and sign within 30 days". Am I correct that a deponent has at least 30 days time, and can make changes AFTER 30 DAYS?

     

    http://www.leg.state.n...

    RULE 30.  DEPOSITIONS UPON ORAL EXAMINATION

    (e) Review by Witness; Changes; Signing.  If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed.

    [As amended; effective January 1, 2005.]

     

  • Mon, Apr 6 2009 6:06 PM In reply to

    Re: Time To Change Deposition Transcript - Up To 30 Days Or ...

    Warning

    If this case is in Federal court, I DOUBT. that  NV rules of procedure would  apply.

  • Mon, Apr 6 2009 7:22 PM In reply to

    Re: Time To Change Deposition Transcript - Up To 30 Days Or ...

    Lizzy7:

    The rule 30 (e) says "deponent shall have 30 days" to review, change and sign the deposition transcript.

    Is it correct that this is a minimum, not a maximum? It doesn't say "must review and sign within 30 days". Am I correct that a deponent has at least 30 days time, and can make changes AFTER 30 DAYS?

    Even if the NV time limit applied you've got it wrong. You are reading something into it that's not there.

    It doesn't say "deponent has at least 30 days", does it?

    It doesn't say "deponent can make changes after 30 days", does it?

    It says "deponent shall have 30 days". Period.

    On the 31st day and forever thereafter you don't get to make changes.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, Apr 7 2009 4:39 PM In reply to

    Re: Time To Change Deposition Transcript - Up To 30 Days Or ...

    First of all, if the case is pending in the U.S. District Court, the Federal Rules of Civil Procedure govern. The Nevada Rules of Civil Procedure apply only to cases in Nevada state courts. However, FRCP 30(e)(1) is pretty much the same as the NRCP you quoted -- http://www.law.cornell....

    Lizzy7:
    Is it correct that this is a minimum, not a maximum?

    No.

    Lizzy7:
    It doesn't say "must review and sign within 30 days".

    Nor does it say "the witness gets however much time he or she wants, but in no case less than 30 days." Unless, at the time you requested the opportunity to review and make changes to the transcript, you agreed to a time longer than 30 days, you had 30 days to do it.

     

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