How best to respond in an opposition to a motion filed by the moving party whose moving papers have used a deposition transcript before the lapse of the 30 day period allowed for the deponent to file his or her Errata Sheet ? (Which would be a more appropriate response ?- a Motion to Strike or a Motion proper response-- Motion to Strike, or a Motion to Suppress the improperly used deposition transcript ? Thank you.
1 Answer from Attorneys
Neither. There is nothing improper about using a deposition transcript before the 30 days. If there are errors in the transcript, the proper response is to obtain a declaration from the deponent stating the errors and the corrections, and if possible also immediately submitting the errata to the court reporter and putting in the declaration that that has been done. File the declaration with the regular opposition to the motion.