Understanding Deposition Objections
In the legal world, a deposition is essentially a witness interview conducted under oath. It’s transcribed by a court reporter and can be used later at trial. Depositions are part of the “discovery” phase of a lawsuit, where each side gathers information to build their case. The process involves following specific rules, like issuing a subpoena to the witness, notifying the other side of the deposition, and having a court reporter present to record everything.
So, why are deposition objections so important? They’re a crucial tool for protecting your client’s rights during this process. They help you control the scope of questioning, prevent the opposing attorney from harassing your witness, and preserve your ability to challenge certain testimony later on. If you don’t object during the deposition, you might lose your chance to object to that evidence at trial. If your attorney doesn’t raise those deposition objections, then you can’t raise them later.
There are many different types of objections you might hear at a deposition. Common deposition objections include objections to the form of the question, its relevance, or because it violates some privilege. Other frequent objections include “asked and answered,” “harassment,” “calls for a legal conclusion,” “speculation,” and “improper characterization.”
Types of Deposition Objections: Form
In a deposition, attorneys can lodge objections to questions that they believe are improper. There are objections as to the substance of the question and objections as to the form of the question. Let’s take a closer look at objections to the form of the question.
Understanding Form Objections
Form objections are about how a question is asked, not necessarily what information is being sought. In many jurisdictions, a lawyer can’t just say “objection to the form” without specifying the reason. They have to be specific about what’s wrong with the question.
Why object to the form of a question? To give the attorney asking the question a chance to fix it. The goal is to ensure the question is clear and not confusing.
Common Examples of Form Objections
Here are some of the most common reasons to object to the form of a question:
- Compound Question: This is when an attorney combines multiple questions into one. For example, “Did you see the car and hear the horn?” It’s confusing because the witness might have seen the car but not heard the horn.
- Leading Question: This is a question that suggests the answer, and it’s usually not allowed during direct examination (when you’re questioning your own witness). For example, “You saw the red car, didn’t you?”
- Ambiguous or Vague: This means the question is unclear, and the witness might not understand what they’re being asked.
- Asked and Answered: Pretty self-explanatory – the question has already been asked and answered in the deposition.
- Assumes Facts Not in Evidence: This is when a question assumes something is true that hasn’t been proven yet. For example, “When you stopped at the red light…” if it hasn’t been established that there was a red light.
Types of deposition objections: relevancy
One of the most common objections raised during a deposition is that the question asked is not relevant to the case.
Defining relevancy
In legal terms, relevancy means that the question must be related to the subject matter of the lawsuit or that the answer to the question could lead to the discovery of evidence that is admissible.
The scope of discovery is broad, but it’s not without limits. Questions have to have some bearing on the issues in the case.
When to object for relevancy
It’s a good idea to object on the grounds of relevancy when the question asks for information that’s clearly unrelated to the claims or defenses in the case. For example, in a car accident case, it would be appropriate to object if the attorney asked a witness about their favorite color.
Courts use a balancing test to decide whether the information is relevant. That is, the court weighs whether the value of the information is outweighed by the risk of prejudice, confusion, or undue delay.
Example of relevancy objection
Here’s an example of how an attorney might object to a question on the grounds of relevancy:
“Objection, relevance. This line of questioning is not related to the accident and is not reasonably calculated to lead to the discovery of admissible evidence.”
Types of deposition objections: Privilege
One of the most important types of objections in a deposition involves privilege. Here’s what you need to know.
Understanding Privilege
Privilege, in a legal context, protects certain communications from being disclosed, even if that communication would otherwise be relevant to the case. This protection is in place to foster open and honest communication within specific relationships.
Some of the most common privileges you’ll see include:
- Attorney-client privilege
- Spousal privilege
- Doctor-patient privilege
- Fifth Amendment privilege
Common Privilege Objections
Let’s break down some common privilege objections you might hear during a deposition:
- Attorney-Client Privilege: This protects confidential conversations between a lawyer and their client when the purpose of that conversation is to seek or provide legal advice. An example of this objection might sound like this: “Objection, attorney-client privilege. This question calls for the disclosure of a confidential communication between my client and their attorney.”
- Spousal Privilege: This protects confidential communications between spouses.
- Fifth Amendment Privilege: This protects a witness from being forced to say something that could incriminate them.
Why Asserting Privilege Matters
It’s crucial to assert privilege when appropriate because:
- Waiver: If you fail to object on the grounds of privilege, you could lose the right to claim that privilege later.
- Confidentiality: Asserting privilege helps prevent the disclosure of sensitive information that is protected by law.
Additional Common Deposition Objections
Beyond the basics, here are a few more objections you might hear during a deposition.
Calls for Speculation
This objection is raised when a question asks the witness to guess or speculate about something they have no direct knowledge of. It’s basically asking them to make something up.
Example: “What do you think the other driver was thinking when they ran the red light?”
Calls for Legal Conclusion
You’ll hear this objection when a lawyer tries to get a layperson to offer a legal opinion. Unless the witness is qualified as an expert, they can’t provide legal conclusions.
Example: “Based on what you saw, do you believe the defendant was negligent?”
Improper Characterization of Testimony
This objection comes up when a lawyer twists or misrepresents what the witness previously said. It’s a way of putting words in their mouth.
Example: “So, you testified earlier that you were speeding at the time of the accident…” (when the witness actually said they were driving the speed limit).
Harassment
If the questioning becomes abusive, repetitive, or is clearly intended to harass or intimidate the witness, an attorney can object on the grounds of harassment. A deposition is meant to gather information, not bully a witness.
Best practices for making and responding to objections
Objections can be tricky. Here’s a quick guide to making and responding to them like a pro.
Specificity is key
The best objections are specific. They tell the court exactly why you’re objecting.
- State the grounds. If you’re objecting to the way a question is phrased, be specific. That gives the attorney a chance to rephrase the question. A vague objection like “Objection, form” usually isn’t enough.
- Keep it concise. Objections should be specific but brief. Avoid “speaking objections” — objections that are really arguments in disguise.
Timing is everything
- Object in real time. Object as soon as you know there’s a reason to object.
- Make a clear record. Make sure your objection is clearly stated in the record.
Responding to objections
So, what do you do when someone objects to your question?
- Rephrase. If someone objects to the form of your question, try rewording it to fix the problem.
- Move on. If the judge agrees with the objection, just move on to a different question.
Putting It All Together
Going into a deposition, you’ll want to be ready. That means reviewing all the relevant documents and trying to anticipate the kinds of objections that might come up. It also means understanding the rules in your jurisdiction, so you can make sure you’re objecting correctly.
Deposition objections are a critical tool. They help you protect your client’s rights, control what the other side is allowed to ask about, and make sure you don’t lose any important issues for trial. When you use objections strategically, you can build a stronger case and keep misleading or inaccurate information from getting into the record.
In complicated cases, having a lawyer is a huge advantage. A good attorney can advise you on the best ways to object and safeguard your interests throughout the deposition process. They can also make sure the deposition stays on track and doesn’t veer into areas that could hurt your case.