§ 3116 — Signing deposition; physical preparation; copies

New York § 3116

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 31: Disclosure

Text

Rule 3116. Signing deposition; physical preparation; copies. (a)\nSigning. The deposition shall be submitted to the witness for\nexamination and shall be read to or by him or her, and any changes in\nform or substance which the witness desires to make shall be entered at\nthe end of the deposition with a statement of the reasons given by the\nwitness for making them. The deposition shall then be signed by the\nwitness before any officer authorized to administer an oath. If the\nwitness fails to sign and return the deposition within sixty days, it\nmay be used as fully as though signed. No changes to the transcript may\nbe made by the witness more than sixty days after submission to the\nwitness for examination.\n (b) Certification and filing by officer. The officer before whom the\ndeposition was taken shall certify on the deposition that the witness\nwas duly sworn by him and that the deposition is a true record of the\ntestimony given by the witness. He shall list all appearances by the\nparties and attorneys. If the deposition was taken on written questions,\nhe shall attach to it the copy of the notice and written questions\nreceived by him. He shall then securely seal the deposition in an\nenvelope endorsed with the title of the action and the index number of\nthe action, if one has been assigned, and marked "Deposition of (here\ninsert name of witness)" and shall promptly file it with, or send it by\nregistered or certified mail to the clerk of the court where the case is\nto be tried. The deposition shall always be open to the inspection of\nthe parties, each of whom is entitled to make copies thereof. If a copy\nof the deposition is furnished to each party or if the parties stipulate\nto waive filing, the officer need not file the original but may deliver\nit to the party taking the deposition.\n (c) Exhibits. Documentary evidence exhibited before the officer or\nexhibits marked for identification during the examination of the witness\nshall be annexed to and returned with the deposition. However, if\nrequested by the party producing documentary evidence or on exhibit, the\nofficer shall mark it for identification as an exhibit in the case, give\neach party an opportunity to copy or inspect it, and return it to the\nparty offering it, and it may then be used in the same manner as if\nannexed to and returned with the deposition.\n (d) Expenses of taking. Unless the court orders otherwise, the party\ntaking the deposition shall bear the expense thereof.\n (e) Errors of officer or person transcribing. Errors and\nirregularities of the officer or the person transcribing the deposition\nare waived unless a motion to suppress the deposition or some part\nthereof is made with reasonable promptness after such defect is, or with\ndue diligence might have been, ascertained.\n