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ARTICLE · 11 MAY 2015

Errata Sheet? We Don’t Need No Stinkin’ Errata Sheet

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In one scene of John Huston’s classic 1948 film "The Treasure of the Sierra Madre" a Mexican bandito tries to convince Humphrey Bogart that he and his company are Federales.

United StatesLitigation, Mediation & Arbitration

In one scene of John Huston's classic 1948 film "The Treasure of the Sierra Madre" a Mexican bandito tries to convince Humphrey Bogart that he and his company are Federales. Bogart's character, Fred Dobb asks: "If you're the police, then where are your badges?" The infamous reply was "Badges? We ain't got no badges. We don't need no badges. I don't have to show you any stinkin' badges!"

From time to time lawyers are faced with a case where a deponent (usually a party opposing a Motion for Summary Judgment) attempts to contradict their earlier deposition testimony with an affidavit. This is probably the functional equivalent of the deponent saying: "Errata Sheet? We ain't got no errata sheet. We don't need no errata sheet. I don't have to show you any stinkin' errata sheet!" Courts have taken a dim view, and slightly different approaches, when faced with these circumstances.

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