Errata Sheet Rules for Depositions in Kentucky

Errata Sheets in Kentucky are governed statutorily by Kentucky’s Rules of Civil Procedure, Rule 30.05. KY. REV. STAT. ANN. § 30.05 (West 2017). This rule allows any party of the action to request to the deposition officer that the transcript be submitted to the witness. Id. If a request is made, then once the transcript is complete it shall be given to the witness to be read and examined. Id. The witness can make changes in form or substance to the transcript. Id. If changes are made, the witness must provide a statement of reasons for the changes. Id. The witness should then sign the transcript. Id. However, if the witness refuses, is ill, or cannot be found, then the deposition officer should sign the transcript and it will be considered fully signed. Id. While changes in both form and substance are allowed, the witness must provide the statement of reasons for each change, or the court will likely, on motion, deny the errata sheet’s admissibility. Forcht v. Forcht Bank, N.A., No. 2013-CA-001433-MR, 2017 WL 2705405 (Ky. Ct. App. June 23, 2017).