Domestic Diversions

To object or not to object: how to handle defending a deposition

Susan Minsberg discusses depositions–preparing your client/witness, improper objections and proper objections.

Minsberg highlights these 9 deposition objections as “proper” [excerpt]:
Privilege. This is the big one. It must be made or it is waived. . . . Privilege is also the one case in which you should instruct your client not to answer. . . .
Form of the question. . . . Form questions are waived if they are not made during the deposition.
Compound. . . . Ask the lawyer to ask one question at a time.
Confusing. . . . If the question is truly confusing, an objection may be proper.
Calls for speculation. . . . Don’t suggest an answer, which would not be proper.
Mischaracterizes earlier testimony. . . . This is also to make sure there is a clear record. . . .
Asked and answered. This is a useful objection to make sure that your client doesn’t give a different answer than he gave earlier in the deposition. . . . .
Calls for a legal conclusion. Deponents are there to testify about facts, not legal conclusions. . . .
Harassment. If the deponent is being harassed or bullied, object. . . .


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