Episode 119 -Lessons from the Front Lines: The (Very) Fine Line Between Reserving the Right to Read – And Waiving It
In this episode, Jim Garrity discusses a brand new court ruling where a judge held that requests to review a transcript before it's finalized must be made before the deposition is completed, failing which the request is untimely, even if made immediately after the deposition concludes. The order says defense counsel claimed to make the "read request" after the reporter announced "We're off the record" but while the reporter and all counsel were still logged in on a Zoom link. Even so, the court said, that's too late. Garrity talks about the significance of the ruling, and offers practice tips in the event you inadvertently miss your chance to make a timely request for review.
SHOW NOTES
Cypress Property and Casualty Insurance Company v. Jallad & R Investments, LLC, 2023 WL 3021075, No. 3:21-cv-1478-L (N. D. Tex. Apr. 20, 2023) (request for review copy of transcript before finalization untimely where not made before deposition concluded, even if made immediately afterwards)
EBC, Inc. v. Clark Bldg. Sys., Inc., 618 F.3d 253, 266 (3d Cir. 2010) (In a case involving a different Fed. R. Civ. P. 30(e)(1) errata sheet-related deadline, court suggested judge has some discretion in forgiving the missed deadline, saying, “Note, however, the phrasing of the rule—it provides that a party or deponent “must be allowed 30 days” to submit errata (the rule formerly stated that the party or deponent “shall have 30 days”). Fed.R.Civ.P. 30(e)(1). The natural language of the rule, then, does not preclude courts from allowing more time upon a prior request or forgiving minor untimeliness after the fact. Instead, the rule grants courts discretion to do so under appropriate circumstances. While courts retain the authority to enforce the amendment window strictly, we leave the matter to their sound discretion to determine if and when extension of the time limit is appropriate.”)
Fed. R. Civ. P. 30(e)(1) (requiring request for review copy to be made before deposition concludes)
