Dealing with Deposition Stipulations: David Angeloff Authors California Lawyer Article
California’s deposition stipulation was designed to accomplish three main things: set forth a clear agreement regarding the custody and transfer of the original transcript; lay out a process for review and signature of the transcript; and protect the party who noticed the deposition. In his California Lawyer article “Dealing With Deposition Stipulations,” Attorney David Angeloff discussed the importance of properly delivering stipulations and common mistakes to avoid.
“Even though deposition stipulations are among the least controversial things you will ever be asked to agree to on the record, they can have ramifications far beyond the deposition itself,” wrote Angeloff. “Understanding, clarifying and properly utilizing deposition stipulations is a simple measure that can, and should, protect you as well as your clients.”
Angeloff warned against common mistakes such as: forgetting to put clear, specific time limits and timelines in your stipulation; forgetting to include a provision for an unsigned deposition; and proposing blanket stipulations to relieve the court reporter of their duties without specifying which duties they are referring to. All of these could affect the admissibility of evidence, delay proceedings and leave an attorney vulnerable to opposing counsel.