How to Defend a Deposition – Don’t Just Show Up and Play Lawyer | Philly Law Blog

What I am reading: examination that is under oath. It does not take place in a courtroom before a judge, however. It usually takes place at Starbucks in your conference room with a court reporter. The rules of evidence are typically relaxed to only include privilege and “form objections”, meaning a lawyer defending the deposition can only object if the question is confusing or will result in a breach of a privilege. If the question is just confusing, the lawyer taking the deposition may rephrase the question. The lawyer defending the deposition can only instruct the witness not to answer the question if it will divulge privileged information, trade secrets, or violate a court order. This means you normally won’t see “Objection – (hearsay, relevance, foundation, etc)” unless it’s a trial deposition.

The courts, particularly federal courts, have clamped down on coaching witnesses through standing objections. Meaning a lawyer may only say “Objection to the form of the question”, and the witness can try to answer it. A lawyer may not say “Objection. The witness already testified that the light was red. She said it three times. You’ve already asked that question, and if yo, How to Defend a Deposition – Don’t Just Show Up and Play Lawyer | Philly Law Blog, http://phillylawblog.wordpress.com/2013/04/16/how-to-defend-a-deposition/, http://www.instapaper.com/rss/238947/i35BSjISqVKnAGF4lqMOZltq2L0, Instapaper: Unread, ,

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