Do I have a right to review the original deposition transcript (not a copy of it) before I sign it? I was told by the deposition court reporter that they are unable to release the original for review? Isn't the original supposed to be provided?
I wanted to add that I was the deponent at the deposition not just a party to the action
The court reporter does not have to release the deposition transcript to you, but the court reporter has to allow you to see it if you have not signed it. If there was a stipulation relieving the court reporter of his/her duties then the person who has custody of the original should allow you to see it. Nobody has to release it to your custody. Most reporters (and attorneys when they have the responsibility under a stipulation) provide a copy, then allow the deponent to come to the office to sign the original.
I am licensed only in California and this response is provided as general information only. It is not intended to be legal advice. Legal advice must be based on the exact facts of the particular situation, and by necessity this forum is not appropriate for discussion of specific, exact facts. Contact a lawyer for more specific advice. My answer to your question on AVVO does not create an attorney-client relationship.
3 lawyers agree
Yes. If you were the deponent, you not only have the right, but also the obligation, to sign the original transcript.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
4 lawyers agree
The court reporter does not need to release the original to you. The court reporter has an obligation to ensure that the original remains in its custody or in the custody of the party that took your deposition. A court reporter should allow you to come to their office to sign the original of the deposition.
4 lawyers agree