Should I change my covers to reflect how witness spelled his name?

On the caption, my deponent's name is spelled Medeiro. The notice of deposition is for Medeiro. They were addressing him as Mr. Medeiro. It is being interpreted. 25 pages in, it is testified that his name has an S at the end, Medeiros.

I'm going to leave the caption alone, but should I put the deponent's name as Medeiros on all my covers?

I'm thinking yes, other than the worry that someone might think we're deposing someone other than the person on the caption.

What do you all think about this?

Thanks.

Clay

I say change it, make it correct, even in the caption.  Sometimes those captions are typed by secretaries with not-so-great skills or with misinformation.  Not changing it looks like your error.  That is also what my proofer tells me.  I'll be interested in what everyone else says.

I posted a comment on Facebook and it didn't show up here. 

You never change a caption unless you check with the secretary and have him/her look at the complaint to see how it is spelled on the complaint.  If it's spelled incorrectly on the complaint, you leave incorrect spelling.  If there was an amendment filed correcting the spelling, then you can change the caption, or if the secretary tells you it was their typo, then you change. 

Having been a legal secretary for seven years, you never change spellings, unless, as stated above.  Never assume it is the secretary's typo, always ask. 

In New York there is a Web site called E-Law, where I can type in either the index number or party names and I can print out the caption to verify if necessary.  Asking the secretary is always an option.

If the witness is a party to the action and the name is misspelled. I will type the correct spelling with a "s/h/a" followed by the name as it is spelled in the caption, and I repeat that on the appearance page.

when i started freelancing, i was told to copy the caption from the atty's notice or get a copy of the caption from the secretary when you arrive at the atty's office.

now that i work in court, i see that this is very important.  do NOT change the caption.   the caption, i.e., case name, is what the case was filed under.  if they misspelled the name and you change it, you now have a different case name.  checking with the atty's secretary is a VERY GOOD idea to verify the spelling.  but if you copied the caption exactly as it is on the Notice To Appear, you should be gold.  their mistake should not make you turn inside out to correct it. 

of course, I, too, would probably be double checking and searching for the correct way to spell the name.  and I would probably put the witness's/deponent's name correctly on the cover page - just leave the caption the way it was.

I just double checked with a court employee.  he said do NOT change the caption.  that is the way they filed the case.  if the caption is wrong, then the atty (or whoever filed the case originally) needs to file a correction with the court.

there you have it!!!