New Case Law on Acceptable Changes in Errata Sheets – Take Home Exam or Pop Quiz?

Description:  Maine Civil Rule 30(e) allows deponents an opportunity to make changes to the “form or substance” of their deposition testimony through errata sheets. But when do those changes cross the line from legitimate corrections or clarifications to improper legal arguments or attempts to sow new factual disputes?  What is the standard courts should apply when reviewing the veracity of substantive errata changes?  How much reasoning and justification must a deponent present to support their errata sheets?  Is there any limit to the changes a deponent can make?  This panel will discuss those questions, and a recent decision from the Business and Consumer Court that reviewed and clarified the law on substantive errata changes, from the point of view of both the proponent and opponent of the errata sheets at issue in that case.