Statute:

Signing deposition; physical preparation; copies

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.

CVP 3116 2014-09-22

Sections:

Article 3: JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT
Section 301 Jurisdiction over persons, property or status
Section 302 Personal jurisdiction by acts of non-domiciliaries
Section 303 Designation of attorney as agent for service
Section 304 Method of commencing action or special proceeding
Section 305 Summons; supplemental summons, amendment
Section 306 Proof of service
Section 306-A Index number in an action or proceeding commenced in supreme or county court
Section 306-B Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause
Section 306-C Notice of commencement of action for personal injuries by recipient of medical assistance
Section 307 Personal service upon the state
Section 308 Personal service upon a natural person
Section 309 Personal service upon an infant, incompetent or conservatee
Section 310 Personal service upon a partnership
Section 310-A Personal service upon a limited partnership
Section 311 Personal service upon a corporation or governmental subdivision
Section 311-A Personal service on limited liability companies
Section 312 Personal service upon a court, board or commission
Section 312-A Personal service by mail
Section 313 Service without the state giving personal jurisdiction
Section 314 Service without the state not giving personal jurisdiction in certain actions
Section 315 Service by publication authorized
Section 316 Service by publication
Section 317 Defense by person to whom summons not personally delivered
Section 318 Designation of agent for service
Section 320 Defendant's appearance
Section 321 Attorneys
Section 322 Authority for appearance of attorney in real property action
Section 325 Grounds for removal
Section 326 Procedure on removal
Section 327 Inconvenient forum
Section 328 Assistance to tribunals and litigants outside the state

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