Depositions are when a party or witness gives testimony in a case. Lawyers sometimes use tactics during depositions to obstruct the flow of information or intimidate the other party. This has led to frustration from judges. In one case, a lawyer was sanctioned for improper conduct during depositions. This article explains proper and improper deposition conduct for lawyers to use as a reference during depositions. Deposition testimony can be used for many purposes in a legal case. Attorneys can ask questions about any relevant topic. When objecting to a question, lawyers should be specific about what is wrong with the question, rather than just saying “form.” This helps the questioning lawyer fix any issues right away. Some courts require lawyers to be specific with their objections, while others don’t. It’s important to know the rules in the particular court where a case is being heard. When you’re objecting during a deposition, it’s important to state your objection and briefly explain why. For example, you can say “objection, leading” if you think the question is leading. This is a valid objection and the witness still has to answer the question, even if the lawyer doesn’t fix the objectionable part of it. If you don’t object to leading questions during the deposition, you can’t bring it up later. So, it’s important to make this objection when necessary. When someone is being asked questions in a legal setting, their lawyer can object if the question is asking more than one thing at once, assumes something that hasn’t been proven, or if the same question has already been asked and answered before. There are also some objections that can be used in certain situations, but not in others, so it’s important for the lawyer to know when to use them. Some objections during depositions are okay, like if a question is too vague or if it asks the witness to speculate. But the lawyer defending the deposition needs to make sure these objections are justified. Other objections, like saying a question is vague when it’s not, or saying a question calls for speculation, are usually not allowed. So lawyers need to be careful about when they make objections during a deposition. Don’t object too much during a deposition or you could get in trouble. It’s okay to wait until trial to object to something that’s not relevant. Also, don’t make comments like “only answer if you know” because it’s considered coaching and could get you in trouble. If you object too much and make the deposition take too long, you could be forced to pay the other party’s legal fees. So be careful with your objections during a deposition. When lawyers are defending or taking depositions, they need to be careful with their objections. They should not tell a witness to not answer a question unless it’s to protect a privilege, enforce a court order, or protect the witness from bad-faith questioning. They also should not make comments or try to influence a witness’s response. Improper objections can get a lawyer in trouble, so they should be careful during depositions. When giving objections during a deposition, it’s important to keep it simple and only say “objection” or “objection, form” or “objection, leading” unless asked by the questioner to state a reason. If you don’t make the objection at the time of the deposition, you might not be able to object to it later on in court. Additionally, objections based on lack of relevance are not valid during a deposition. This passage includes references to specific rules and court cases related to depositions in Florida. It also mentions an attorney who specializes in employment law. The passage is from a column submitted by the Labor and Employment Law Section. The Florida Bar aims to instill principles of duty and service to the public in its members.
Source: https://www.floridabar.org/the-florida-bar-journal/lets-get-objective-about-objectionable-objections/
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