Recantation by a witness is no defense, but correction or attempted correction may be offered as relevant on the issue of intent. If the deponent does not review the transcript within the allotted time the testimony can be used as if it were reviewed. The defendant never reviewed his deposition. The appellate court ruled that the prosecution could not prove the delivery of the statements. Although a footnote in Chavez v. Zapata Ocean Resources, Inc. 155 Cal.
Many deponents never review their transcribed deposition testimony.
Frank Meyer of the Sacramento County District Attorney s Office said his office faced this issue. They specifically alleged in their complaint that the defendant was provided with written notice and an opportunity to review and change the transcript, but did not do so. This approach successfully overcame challenges at both the trial court and appellate level to the prosecution of a perjury charge based upon unreviewed testimony. It may also be helpful if the deponent is clearly advised, on the record, of what constitutes perjury.