Types of Deposition Objections: What Every Attorney Should Know

Depositions are a critical phase of the discovery process, and as an attorney, your ability to handle objections effectively can make or break your client’s case. Ensuring that deposition questions lead to the discovery of admissible evidence is crucial for maintaining the integrity of the case. Knowing when, how, and why to object is essential for protecting your client’s rights and preserving critical points for trial.

In this guide, we’ll cover the most common deposition objections, explain how to handle them, and share strategies to ensure you’re prepared to navigate even the trickiest depositions with confidence.

Understanding Deposition Objections

Why Are Deposition Objections Important?

Deposition objections serve three primary purposes:

1. Protect Your Client’s Rights: Objections prevent improper questioning and ensure that your client isn’t forced to provide irrelevant or privileged information.
2. Guide the Deposition’s Scope: Proper objections help keep the deposition focused, avoiding unnecessary harassment or intimidation.
3. Preserve Objections for Trial: Failure to object during a deposition may waive your ability to raise the issue during trial or other future proceedings.

Objections are your opportunity to act as a gatekeeper, ensuring fairness and adherence to the rules.

Types of Deposition Objections

1. Form of Question

Objections to the form of a question target how the question is phrased rather than its content. Common reasons include:

• Vague or unclear language.
• Multiple questions combined into one.

It is essential to make an appropriate objection that is brief and specific to avoid disrupting the deposition process.

Example: “What did you and your spouse discuss about finances and the house during your last argument?”

• Objection: “Objection, form. Compound question.”

2. Relevance

Questions that stray outside the scope of relevance can waste time or cause unnecessary harm.

Example: Asking about an unrelated personal issue in a professional dispute.

• Objection: “Objection, relevance.”

3. Privilege

Privilege objections protect against disclosing sensitive information, such as attorney-client privilege communications.

Example: “What did you discuss with your lawyer about the case strategy?”

• Objection: “Objection, privilege.”

Objections to Questioning

1. Hearsay and Assuming Facts Not in Evidence

• Hearsay: Objections may address out-of-court statements offered for their truth. Hearsay objections ensure that deposition testimony remains within the bounds of admissible evidence.
• Assuming Facts Not in Evidence: Challenges questions that assume unproven facts.

2. Mischaracterization and Legal Conclusions

• Mischaracterization: Object to questions that distort prior testimony.
• Calls for Legal Conclusion: Prevents the witness from being asked to interpret the law.

Example: “Would you agree that this action constitutes fraud?”

• Objection: “Objection, calls for a legal conclusion.”

Witness Treatment and Answering Questions

1. Harassment and Speaking Objections

• Harassment: Protects witnesses from aggressive or intimidating questioning.
• Speaking Objections: These include hints or coaching. Counsel defending must ensure that their objections do not cross the line into harassment or speaking objections.

2. Asked and Answered; Calls for Speculation

• Asked and Answered: Prevents repetitive questioning.
• Calls for Speculation: Stops witnesses from guessing.

Example: “Why do you think the other party made that decision?”

• Objection: “Objection, calls for speculation.”

Making Proper Deposition Objections

1. Timing and Tone

Object immediately, but maintain a professional tone. Avoid interrupting unnecessarily, and stay composed to keep the deposition moving.

2. Clarity and Concision

State your objection clearly and briefly:

• Wrong: “I don’t think that question is fair or makes sense.”
• Right: “Objection, form.”

3. Avoiding Improper Objections

Avoid using objections to disrupt the deposition or harass opposing counsel, as this can lead to sanctions.

In some cases, a court order may set specific limitations on the scope of questioning, and it is important to adhere to these guidelines.

Defending Against Deposition Objections

1. Anticipating Objections

Prepare for common objections by reviewing your questions in advance. Anticipating opposing counsel’s moves allows you to respond effectively.

2. Responding to Objections

When faced with an objection, pause and assess its validity. If necessary, rephrase your question to address the concern.

Example:

• Original Question: “What did you tell your lawyer about the contract?”
• Rephrased: “What was your understanding of the contract’s terms?”

Failing to make a specific objection during the deposition may result in waiving the same objection in future proceedings.

3. Best Practices for Defending a Deposition

Defending a deposition requires a combination of preparation, strategy, and effective communication. Here are some best practices to help you navigate the deposition procedure:

1. Prepare Thoroughly. Review the case files, documents, and evidence to understand the facts and issues involved. Anticipate potential questions and prepare responses in advance. This preparation will help you raise proper deposition objections when necessary.
2. Understand the Rules
   Familiarize yourself with the rules of civil procedure, deposition rules, and local court rules to ensure you are aware of the procedures and protocols. Knowing these rules will help you avoid making improper objections.
3. Communicate with Your Client: Ensure your client understands the deposition procedure their role, and the importance of providing accurate and truthful testimony. Clear communication can prevent misunderstandings and help your client feel more comfortable.
4. Object Appropriately: Raise proper deposition objections to protect your client’s rights and interests. Avoid making improper objections that can disrupt the deposition procedure and potentially lead to sanctions.
5. Maintain a Professional Demeanor: Remain calm, composed, and respectful during the deposition, even in the face of aggressive questioning. A professional demeanor can help de-escalate tense situations and keep the deposition on track.
6. Take Breaks When Necessary: If you need time to consult with your client or review documents, request a break to ensure you are prepared to proceed. Taking breaks can help you maintain focus and address any issues that arise.
7. Monitor the Court Reporter: Ensure the court reporter is accurately capturing the testimony and objections. Request corrections if necessary to ensure the deposition record is accurate and complete.

By following these best practices, you can effectively defend a deposition and protect your client’s rights and interests throughout the deposition process.

Strategies for Effective Deposition Objections

1. Know the Rules

Familiarize yourself with both federal and local rules governing depositions to ensure your objections are valid and enforceable.

2. Be Prepared

Preparation includes understanding the case facts, reviewing deposition topics, and anticipating potential challenges.

3. Stay Focused

Depositions can veer off track, but staying focused ensures that you protect your client’s rights and keep the process efficient.

Common Objections and Responses

Here are some common deposition objections and responses to help you navigate the process:

Objection: Form

• Response: “I object to the form of the question. It is unclear/vague/multi-part.”
• Purpose: To challenge the clarity or specificity of the question and ensure the witness understands what is being asked.

Objection: Relevance

• Response: “I object to the relevance of the question. It is not related to the issues in this case.”
• Purpose: To challenge the relevance of the question to the case and prevent the witness from answering questions that are not pertinent to the matter at hand.

Objection: Privilege

• Response: “I object to the question on the grounds of attorney-client privilege/doctor-patient privilege/etc.”
• Purpose: To protect confidential or privileged information from being disclosed during the deposition.

Objection: Asked and Answered

• Response: “I object to the question as it has already been asked and answered.”
• Purpose: To prevent repetitive questioning and harassment of the witness.

Objection: Harassment

• Response: “I object to the questioning as it is harassing/bullying/intimidating.”
• Purpose: To protect the deponent from abusive or harassing behavior during the deposition.

Objection: Calls for a Legal Conclusion

• Response: “I object to the question as it calls for a legal conclusion. The deponent is not qualified to provide a legal opinion.”
• Purpose: To prevent the deponent from providing a legal conclusion, which is outside the scope of their personal knowledge and expertise.

Objection: Speaking Objection

• Response: “I object to the speaking objection. It is not a proper objection.”
• Purpose: To prevent the opposing party from making improper speaking objections that could coach the witness or disrupt the deposition.

By familiarizing yourself with these common objections and responses, you can effectively navigate the deposition process and protect your client’s rights and interests. Having a deposition objections cheat sheet can be a valuable tool to ensure you are prepared for any situation that arises during the deposition.

Watch the video below from Attorney Steve on "Common Deposition Objections."
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Common Mistakes to Avoid

• Failing to Preserve Objections: Ensure you raise appropriate objections during the deposition to preserve them for trial.
• Being Overly Aggressive: Objections should be professional and purposeful, not disruptive or combative.
• Over-Explaining: Keep your objections concise to avoid giving opposing counsel unnecessary information.

Final Thoughts

Mastering deposition objections is a critical skill for attorneys. By knowing the rules, preparing effectively, and maintaining professionalism, you can protect your client’s rights and ensure a fair discovery process. With practice and a strategic approach, you’ll turn deposition objections into a powerful tool in your litigation arsenal.

FAQ: Deposition Objections

1. Why are objections important during a deposition?
Objections protect your client’s rights, keep the deposition on track, and preserve issues for trial.

2. What is an objection to the form of a question?
This objection challenges how a question is phrased, such as being unclear, compound, or leading.

3. What is a relevance objection?
A relevance objection challenges questions that stray outside the scope of the case.

4. How does privilege work in a deposition?
Privilege protects sensitive information, such as attorney-client communications, from disclosure.

5. Can I object to hearsay during a deposition?
Yes, although hearsay questions are often allowed during depositions, objections can preserve the issue for trial.

6. What are speaking objections?
Speaking objections are improper and involve coaching the witness or providing additional information.

7. How do I handle repetitive questions?
Use the “asked and answered” objection to prevent opposing counsel from rephrasing the same question.

8. What if opposing counsel is harassing my client?
Object to harassment and request a break if necessary to ensure your client is treated fairly.

9. How should I phrase my objections?
Be concise and professional. For example: “Objection, form” or “Objection, relevance.”

10. What happens if I fail to object during a deposition?
Failure to object may waive your ability to raise the issue later during trial or other proceedings.

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