How to Read a Deposition Transcript: Format, Errata and Common Terms

A deposition transcript is a written record of sworn testimony taken outside of court. Transcripts are used to prepare for trial, to support motions, to evaluate settlement and sometimes to impeach a witness whose testimony changes. For someone seeing one for the first time, the layout and notations can seem unfamiliar. Knowing what to look for makes it much easier to use.

The Title and Appearance Pages

The opening pages typically state the case name and number, the court, the date and place of the deposition, and the name of the witness. The appearances page lists the attorneys present and whom they represent, along with others such as a videographer or interpreter. This information helps confirm who participated and in what capacity.

The Index

Many transcripts include an index that shows where each examination starts, which attorney asked the questions and where exhibits were introduced. Reviewing the index first provides a map of the testimony and saves time when searching for a specific topic.

The Body of the Transcript

Most transcripts use a question and answer format. The letter Q marks a question from the examining attorney, and A marks the witness's answer. Colloquy refers to discussion among attorneys or between counsel and the reporter that is not a question or answer. Page and line numbers appear on each page, and these are how lawyers cite testimony, for example, page 45, lines 3 through 12.

Objections and Instructions

Attorneys may object to a question on grounds such as relevance, form or privilege. In many jurisdictions, the witness must answer after an objection unless the attorney instructs the witness not to answer, typically to protect a privilege. Those objections are preserved in the record so that a judge can later decide whether the testimony is admissible.

Common Notations

• Dashes. A dash at the end of a line may indicate an interruption or a broken thought.
• Parentheticals. Phrases such as (Exhibit 3 marked for identification) show administrative events.
• Inaudible or unintelligible. A note indicates that the reporter could not capture the words despite reasonable effort.
• Off the record. Discussion paused by agreement and not included in the transcript.

Reviewing and Correcting: Errata

After the transcript is prepared, the witness is usually given the chance to read it and make corrections, subject to deadlines set by the rules that apply to the case. Changes are recorded on an errata sheet, along with the reason for each change. Substantive changes can be subject to challenge or may allow the other side to reopen questioning, so witnesses should review with their attorneys.

The Reporter's Certificate

The final pages include a certificate in which the reporter attests that the witness was sworn and that the transcript is a true and accurate record of the proceedings. This certification is an important element for use of the transcript in court.

Tips for Using a Transcript

• Read it in full at least once and flag important passages.
• Prepare a summary by topic, with page and line cites.
• Compare it with exhibits and other witnesses' testimony.
• Keep an electronic, searchable copy as well as the certified original.

This article is general information and not legal advice. Rules vary by jurisdiction, so consult an attorney about your case.