Objections in Legal Depositions

Objections During a Deposition

• Form of the Question:

  • Objections related to the format or construction of the question.
  • Types include:
  • Vague: Question is unclear.
  • Too Long: The duration or complexity of the question is excessive.
  • Ambiguous: Keywords in the question have multiple meanings leading to confusion.
  • Compound: The question asks two separate queries together.
    • Example: "Did you find the canceled check and did you take it with you?"
  • Argumentative: The question is asked not to elicit information, but to convey a different message or to challenge the witness.
  • Rule: Attorneys must ask one question at a time.
    • Example: "Objection, argumentative."

• Other Types of Objections:

  • Asked and Answered: The question has already been posed earlier in the deposition.
  • Assumes Facts Not in Evidence: The question presupposes facts that have not been proven.
  • Example: "Did you interview the employee before firing him?" (The assertion of firing hasn't been established.)
  • Misstates the Evidence: The question contains incorrect assumptions regarding the facts or misrepresents the witness's prior statements.
  • Leading: The attorney asks a question that suggests its own answer. This is generally not allowed in depositions.
  • Lacks a Question: The attorney provides a statement instead of forming it as a question.
  • Lacks Foundation: The question addresses information the witness is unqualified to answer due to lack of personal knowledge.
  • Example: "What warnings were contained on the package insert?" (Without establishing the witness’s familiarity with the insert.)

By recalling these objections, attorneys can effectively check the admissibility and relevance of questions during depositions, ensuring a fair process for gathering evidence.