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This entry was published on 2014-09-22
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SECTION 3116
Signing deposition; physical preparation; copies
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 31
Rule 3116. Signing deposition; physical preparation; copies. (a)
Signing. The deposition shall be submitted to the witness for
examination and shall be read to or by him or her, and any changes in
form or substance which the witness desires to make shall be entered at
the end of the deposition with a statement of the reasons given by the
witness for making them. The deposition shall then be signed by the
witness before any officer authorized to administer an oath. If the
witness fails to sign and return the deposition within sixty days, it
may be used as fully as though signed. No changes to the transcript may
be made by the witness more than sixty days after submission to the
witness for examination.

(b) Certification and filing by officer. The officer before whom the
deposition was taken shall certify on the deposition that the witness
was duly sworn by him and that the deposition is a true record of the
testimony given by the witness. He shall list all appearances by the
parties and attorneys. If the deposition was taken on written questions,
he shall attach to it the copy of the notice and written questions
received by him. He shall then securely seal the deposition in an
envelope endorsed with the title of the action and the index number of
the action, if one has been assigned, and marked "Deposition of (here
insert name of witness)" and shall promptly file it with, or send it by
registered or certified mail to the clerk of the court where the case is
to be tried. The deposition shall always be open to the inspection of
the parties, each of whom is entitled to make copies thereof. If a copy
of the deposition is furnished to each party or if the parties stipulate
to waive filing, the officer need not file the original but may deliver
it to the party taking the deposition.

(c) Exhibits. Documentary evidence exhibited before the officer or
exhibits marked for identification during the examination of the witness
shall be annexed to and returned with the deposition. However, if
requested by the party producing documentary evidence or on exhibit, the
officer shall mark it for identification as an exhibit in the case, give
each party an opportunity to copy or inspect it, and return it to the
party offering it, and it may then be used in the same manner as if
annexed to and returned with the deposition.

(d) Expenses of taking. Unless the court orders otherwise, the party
taking the deposition shall bear the expense thereof.

(e) Errors of officer or person transcribing. Errors and
irregularities of the officer or the person transcribing the deposition
are waived unless a motion to suppress the deposition or some part
thereof is made with reasonable promptness after such defect is, or with
due diligence might have been, ascertained.