Irrelevant. If the question may lead to admissible evidence, it is proper.

If the question is too far

afield, though, a relevance objection may be warranted. The line is hard to draw here. It boils down to

a judgment call on whether the question is likely to lead to admissible evidence.

Hearsay. While a hearsay objection is appropriate at trial, it is not appropriate in a deposition. For

example, if your client is asked What did Jane tell you? the answer can lead to the discovery of

admissible evidence. If you are taking the deposition, you can determine based on the answer whether

you should take Janes deposition, and you can then ask Jane directly. If Janes testimony is important,

you can call Jane as a witness to testify at trial. Remember, the reason you cant ask someone else

what Jane said at trial is that you need to be able to cross examine Jane to determine her credibility.

(There are, of course, exceptions that I wont discuss here.)

Assumes facts not in evidence. Since this is not a trial, it is okay to assume facts that are not in

evidence. For example, it is permissible to ask If you had known X, how would you have behaved

differently? However, be careful here, as this could be a proper objection depending on the question.

Do not let your client speculate and object if the question calls for speculation. You may want to let

your client answer if she knows how she would have behaved if she had known X.

Calls for an opinion. Foundation does not need to be established to determine whether the deponent

is qualified to give an opinion. It is appropriate to ask for an opinion and how he or she arrived at that

opinion.Q: Do you think that the brakes were in working order on the Toyota?

A: No.

Q: Why not?

A: When I drove it 2 weeks before the accident they were acting funny.

The lawyer taking the deposition can obtain information that may not otherwise have been received in

written discovery and the answers can lead to discoverable evidence.

Speaking and coaching objections. The lawyer defending the deposition is not supposed to be

testifying. Nor should the lawyer coach the deponent with objections. The lawyer cannot say that she

does not understand the question. It is up to the deponent to ask for clarification. If you know and if

you rememberare coaching objections. However, you may ask, Who is she? when the deponent

uses the word she unclearly in a question. That is not speaking or coaching, because it does not

suggest the answer. Objections must be stated succinctly in a non-argumentative and non-suggestive

manner.
 Do not let yourself get bullied by an opposing counsel who is making improper objections. If several improper

objections are made, there are a few ways to respond. You can ask, for example, why the objections are being made,

as they are not required for the record. Be prepared for that to lead to an argument.

If that discussion gets you nowhere, you may wish to tell the other lawyer that you will assume that there is a standing

relevancy (for example) objection to every question, so the objection no longer needs to be made. If neither of those

things works, just try to tune out the objections and proceed with the deposition.

Inform the deponent that unless her lawyer instructs her not to answer, that she should answer the question. (There

are rare instances in which a lawyer can properly instruct a deponent to refuse to answer.)

Proper deposition objections

Privilege. This is the big one. It must be made or it is waived. This covers anyprivilege, such as

attorney-client and physician-client. Object if your client is asked what he said to his lawyer. Of course,

the deposing lawyer can properly ask When you spoke with your lawyer about this case, was anyone

else in the room? Who? Based on the answer, the privilege may have been waived. Privilege is also

the one case in which you should instruct your client not to answer. If the opposing lawyer continues to

attempt to invade the privilege, you can threaten to terminate the deposition. If the privilege questions

continue, terminate the deposition.

Form of the question. This objection is usually asserted to make a clear record. Form questions fall

in several categories. Some jurisdictions only require that the lawyer state a general form objection.

Others require that the type of form objection be stated as well. Form questions are waived if they are

not made during the deposition.

Compound. If the question is compound and the person answers yes, what portion of the question are

they agreeing with? For example, if your client is asked When you turned left were you in the turn

lane and was your signal on and was the light green and how do you know object! Ask the lawyer to

ask one question at a time.

Confusing. I know I stated above that it is improper to ask for clarification, but it depends. If the

question is truly confusing, an objection may be proper.

Calls for speculation. A form objection should also be made to a question that calls for the witness

to speculate. Be careful, though. Dont suggest an answer, which would not be proper.
 Mischaracterizes earlier testimony. This is also to make sure there is a clear record. For example, if

the deponent earlier stated he was not sure of his speed, and was then asked: So you testified earlier

that you were speeding it is proper to object as mischaracterizing earlier testimony. The deponent

said she did not know how fast she was going; she did not admit she was speeding.

Asked and answered. This is a useful objection to make sure that your client doesnt give a different

answer than he gave earlier in the deposition. If you dont make the objection and your client does

provide differing information, your client loses credibility. And the testimony can be used for

impeachment at trial. The opposing lawyer may not realize that he asked the question earlier, and

making the objection can throw him off and make him doubt himself.

Calls for a legal conclusion. Deponents are there to testify about facts, not legal conclusions. If the

deponent is a lawyer, it may be a proper question, depending on the circumstances. Otherwise, its

not.

Harassment. If the deponent is being harassed or bullied, object. If that behavior continues, describe

the specific conduct that is objectionable for the record, and further state on the record that you will

terminate the deposition if the behavior continues. Make sure the record will be clear to an outsider

(i.e. the judge) that the witness was being harassed or bullied. As with privilege, if the lawyer does not

stop the harassment, terminate the deposition.