Has anyone seen deposition errata used effectively at trial in response to a video of the witness’s actual answer?

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That’s really interesting. I’m curious too. Though errata forms aren’t supposed to be used for substantive changes really- or testimonial changes, just for like mistakes in transcription or slight errors in statements. If it was a true “mistake” then yeah, I think it could be used. If it’s truly a different substantive statement contradicting something else because the client realized they said something they shouldn’t have said, I think that may be more difficult to get in.

If someone has successfully done that, though, please do explain because that would be fantastic…. On so many levels. Lol

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Interesting

Love this question. My understanding is that the jury gets to hear the original response, listen to the changes, and then you can ask the witness about the changes as well. Doesn’t come off well.

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Not an expert - fact witness on the other side.

Maybe convince the judge not to allow in the original video and audio since it’s now inaccurate testimony, but will have a greater impact on the jury than the written errata. Both sides should be limited to reading the transcript into evidence and the errata page. Equal dignities.

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Yes. I’ve seen an expert get destroyed with an errata at trial. For this reason I always tell my witnesses to change harmless errors only and we can fix the big stuff later, like changing yes to no 🥴

So the other side tried to rehab the expert with an errata and it backfired? Or the errata was worse than the testimony? Would love to know more

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