Back to Main Page / Back to List of Rules

Rule 205. Submission to Witness; Changes; Signing (1984)

TEXT

When the testimony is fully transcribed, the deposition officer shall submit the deposition to the witness or if the witness is a party with an attorney of record, to the attorney of record, for examination and signature, unless such examination and signature are waived by the witness and by the parties.

Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with the statement of the reasons given by the witness for making such changes. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the witness does not sign and return the deposition within twenty days of its submission to him or his counsel of record, the officer shall sign it and state on the record the fact of the waiver of examination and signature or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed; unless on motion to suppress, made as provided in Rule 207, the Court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

This is a new rule by order of Dec. 5, 1983, eff. April 1, 1984: Former Rule 205 is incorporated into Rule 204. This new rule is former Rule 209 with modification. The modification gives the court reporter authority to file an unsigned deposition for both party and nonparty witnesses.

AMENDMENTS

July15, 1987, eff. Jan. 1, 1988

Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 203.1 et seq.