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Rule 4:14-5.Submission to witness; changes; signing

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:14-5 governs review and signing of a deposition: the witness does not sign when the officer is a certified shorthand reporter, and otherwise the witness reads, corrects, and signs, with the deposition usable even if the witness fails or refuses to sign.

Full Text of Rule 4:14-5

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If the officer at the taking of the deposition is a certified shorthand reporter, the witness shall not sign the deposition. If the officer is not a certified shorthand reporter, then unless reading and signing of the deposition are waived by stipulation of the parties, the officer shall request the deponent to appear at a stated time for the purpose of reading and signing it. At that time or at such later time as the officer and witness agree upon, the deposition shall be submitted to the witness for examination and shall be read to or by the witness, and any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness. If the witness fails to appear at the time stated or if the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the witness’ failure or 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 a motion to suppress under R. 4:16-4(d) the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:20-5. Amended July 14, 1972 to be effective September 5, 1972; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

After the testimony is taken, the transcript may need the witness’s review. If the officer is a certified shorthand reporter, the witness does not sign. Otherwise, unless reading and signing are waived by stipulation, the officer asks the witness to appear, read the deposition, note any changes in form or substance with reasons, and sign it.

A witness cannot defeat the deposition by refusing to sign. If the witness fails to appear or does not sign, the officer signs and states the reason, and the deposition may be used as fully as if signed — unless, on a motion to suppress, the court finds the reasons for refusing to sign require rejecting it in whole or part.

Frequently Asked Questions

Does a witness have to sign a deposition transcript?

Not when the officer is a certified shorthand reporter. Otherwise the witness reads, corrects, and signs unless that is waived. If the witness fails or refuses to sign, the officer signs and states the reason, and the deposition may still be used.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:14-5). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source
Also known as: signing the depositionreading and signingchanges to depositionerrata