D. Conn. Notes Split Re Scope of Permissible Changes Made to a Deposition Transcript Under FRCP 30(e)

Per North Trade U.S., Inc. v. Guinness Bass Import Co., Not Reported in F. Supp. 2d, 2006 WL 2263885 (D. Conn. Aug. 7, 2006):

Federal Rule of Civil Procedure 30(e) states: If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. Fed. R. Civ. Proc. 30(e). The circuits are split as to the scope of permissible changes that may be made to a deposition transcript under Rule 30(e). 7 Moore's Federal Practice § 30.60[3] (Matthew Bender 3d ed.2006). Some courts have held that the only changes permitted by Rule 30(e) are non-substantive in nature, such as the correction of typographical or spelling errors. See, e.g., Burns v. Bd. of County Comm'rs, 330 F.3d 1275, 1282 (10th Cir.2003); Greenway v. Int'l Paper Co., 144 F.R.D. 322, 325 (W.D .La.1992). Other courts, including the Second Circuit, have allowed deponents to make any change, in form or substance, to their deposition transcript. See Podell v. Citicorp Diners Club, Inc., 112 F.3d 98, 103 (2d Cir.1997) (affirming District Court's finding that deponent was not entitled to have his altered answers replace the original ones, but rather that his changed answers became a part of the record generated during discovery).