Rule 30.05.Submission to witness -- Changes -- Signing.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 30.05
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
By default nothing requires a witness to look over a deposition transcript before it gets used. This rule lets any party change that by making a written request, before the officer taking the deposition, that the transcript be submitted to the witness. If someone makes that request, the finished transcript has to be read to the witness, or read by the witness, once it is fully typed up.
At that reading, the witness can ask for changes in form or substance. The officer writes those changes into the deposition along with whatever reason the witness gives for making them — the original testimony is not erased, the change is layered on with an explanation attached. The witness then signs the deposition to confirm it.
Sometimes a witness cannot or will not sign. If the witness is ill, cannot be located, or refuses, the officer signs it instead and puts on the record why: illness, absence, or refusal, along with any reason given for a refusal. An unsigned deposition handled this way can still be used in the case just as if the witness had signed it, unless a party moves to suppress it under Rule 32.04 and the court decides the refusal reasons justify throwing out all or part of it.
Frequently Asked Questions
How do I make sure a witness reviews their deposition transcript before it's used?
Any party can make a written request, before the officer taking the deposition, that the deposition be submitted to the witness. Once made, the transcript must be read to or by the witness after it is fully transcribed.
What happens if a deposition witness refuses to sign the transcript?
The officer signs the deposition instead and notes on the record the fact of the refusal along with any reason the witness gave. The deposition can still be used as if it had been signed, unless a court grants a motion to suppress it under Rule 32.04.
Can a witness change their answers after giving a deposition?
Yes. When a deposition has been submitted to the witness under this rule, the witness may make changes in form or substance, and the officer enters those changes along with the witness's stated reasons before the deposition is signed.