2010 New York Code
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
R3116 - 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.

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