Do you have to answer irrelevant questions in a deposition?

Do you have to answer irrelevant questions in a deposition?

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source).

What objections can you make during a deposition?

A Consolidated List of Proper Deposition Objections

  • Hearsay. You’re free to object to a question of hearsay during a trial.
  • Assume facts, not in evidence. It depends.
  • Calls for an opinion.
  • Speaking and coaching objections.
  • Privilege.
  • Form.
  • Mischaracterizes earlier testimony.
  • Asked and answered.

Who can object during deposition?

Even though the same rules do not apply to depositions as to testimony given during a hearing or during a trial, attorneys can and do object to some questions during a deposition.

What should I not answer in a deposition?

Which Questions Shouldn’t I Answer in a Deposition? You can object to any questions in a deposition, but you may be compelled to answer if a judge overrules the objection in court. In many cases, questions that do not have to be answered fall into three categories: Private information.

What is the relevancy objection in a deposition?

The relevancy objection is quite subjective, especially during the deposition. Questions are considered relevant as long as they can reasonably lead to the discovery of admissible evidence. As such, the definition of relevancy is broader during a deposition compared to during a trial.

Are there any jury members at a deposition?

There’s no jury there. Just you, your lawyer and a court stenographer. The stenographer is there to record all of the questions you are asked and all of the answers you give. Those questions and answers are transcribed and put into a booklet.

Why did counsel object to the form of a question at a deposition?

As Judge Bennett concluded, “Counsel’s ‘form’ objections, however, amplified two other issues: witness coaching and excessive interruptions. As I discuss below, those aspects of Counsel’s deposition conduct warrant sanctions.” Id. at 603-04 (emphasis in original).

Can you object to a question in a deposition?

Privilege objections apply to any form of privilege such as physician-patient and attorney-client. Form of the Question Objections – If you do not make this objection during the deposition, it is considered waived. You can object to questions that are compound or questions that call for speculation.

Can a hearsay objection be used in a deposition?

Improper Deposition Objections. Irrelevant. If the question may lead to admissible evidence, it is proper. If the question is so far afield, a relevance objection may be warranted. Hearsay. While a hearsay objection is appropriate at trial, it is not appropriate in a deposition.

Is it permissible to seek cumulative information in a deposition?

Smith v. Superior Court (Alfred) (1961) 189 Cal.App.2d 6, 11-12. Likewise, it is permissible to seek information that is cumulative, so an objection on that ground would be improper. TBG Ins. Services v. Superior Court (Zieminski) (2002) 96 Cal.App.4th 443, 448.

What are proper objections to not reasonably calculated questions?

Objections to such questions, if well-taken, are most likely to be proper. Privileges are fairly easy to grasp and “not reasonably calculated” questions are those questions that could only logically uncover inadmissible matter. The harder concept to understand is “not relevant to the subject matter.”