Effectively objecting in court and in depositions is a potent litigation strategy. It empowers you to protect your client’s rights, manage the deposition’s scope, and to build a stronger case for trial—but it can also be challenging.
In a deposition, time is of the essence. There isn’t an opportunity to pause and look up what you can object to.
Whether you haven’t yet had extensive experience or struggle to remember the types of questions you can object to, brushing up on the types of deposition objections you can make can enhance your performance in depositions —which ultimately benefits your client.
That’s why we’ve created this deposition objections “cheat sheet.” While it’s essential that you apply your legal knowledge and adhere to your jurisdiction’s rules, our handy guide outlines some of the most common types of deposition objections below.
Before we dive into the common types of objections you may use at a deposition, let’s first review the basics of their underlying functions.
The primary goal of deposition objections is to protect your client’s rights and interests during the deposition process. By raising objections to any improper questions opposing counsel asks, you act as a gatekeeper for your client (and their evidence). In doing so, you can prevent your client from providing misleading, inaccurate, or improper testimony during a deposition.
Protecting your client’s rights during a deposition extends to requests for documents. For example, lawyers may need to object during a deposition if opposing counsel requests medical records from your client that they are not entitled to.
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Proper objections also help you better control the scope and direction of the deposition. When you object to improper or irrelevant questions in a deposition, you are able to help protect your client from undue harassment or intimidation, while better ensuring a fair and efficient discovery process.
It’s also important to note the importance of making proper deposition objections in order to preserve objections for future proceedings. Specifically, if you fail to raise appropriate objections during the deposition (for example, an objection over the form of a question), then you effectively waive that same objection during trial or other future proceedings. By making the right deposition objections, you can ensure that you can challenge the corresponding improper or objectionable evidence or testimony later if you need to.
When it comes to a deposition, there are a number of potential objections that may arise. The majority of deposition objections are for form, relevance, or privilege, but there are several more. In the following section, we’ll provide a list of common deposition objections, along with hypothetical examples.
Disclaimer: These deposition objections are designed to provide a helpful starting point and to give you a broad understanding of the types of questions you can object to—the information is not exhaustive and not intended as legal advice. And, of course, not all objections will be accepted. It’s critical that you consult with and stay up-to-date on the legal principles relevant to your practice area, jurisdiction, and specific case to ensure you have a solid understanding of how these objections fit within applicable law.
First off, counsel can object to the form of a question in a deposition. This doesn’t necessarily mean that the question itself is improper.
Rather, an objection to form refers to the way that it’s being asked. If a question is vague, unclear, confusing, or incorporates multiple questions in one, this may impact your client’s ability to provide accurate testimony.
Let’s take a closer look at how form can be an issue. If your client is asked multiple questions at once (a.k.a. a compound question), they may get confused or inadvertently answer inaccurately.
In the example above, your client may provide a blanket “yes” or “no” answer, which may not accurately reflect their response to all three statements of what happened after the couple split up.
Note: Different jurisdictions may have different rules for form objections, so be sure to know what applies to you.
