What are objections to state during a deposition?
At a deposition, counsel should generally state only objections that may be waived if not made then, most commonly objections to the form of the question. Other objections, such as relevance or admissibility, are usually preserved for trial and need not be argued at length during the deposition.[1][2][3]
What to object to during the deposition
Under the Federal Rules, objections during an oral deposition must be noted on the record, but the examination proceeds subject to the objection.[1][3] The objection must be stated concisely and in a nonargumentative, nonsuggestive manner.[3] The main categories are:
| Type of objection | State during deposition? | Notes |
|---|---|---|
| Form of the question | Yes | Includes leading, compound, vague, ambiguous, unintelligible, assumes facts not in evidence, misleading, calls for speculation, lacks foundation, etc. The point is to give the questioner a chance to cure the defect.[1][3] |
| Privilege | Yes | If the question calls for privileged information, counsel may instruct the witness not to answer to preserve the privilege.[1][3] |
| Court-ordered limitation | Yes | Counsel may instruct not to answer to enforce a limitation ordered by the court.[1][3] |
| Motion to terminate/limit for bad faith, harassment, oppression | Yes, in appropriate cases | Counsel may instruct not to answer only to present a motion under Fed. R. Civ. P. 30(d)(3).[1][3] |
| Competence, relevance, materiality | Usually no | These are generally preserved under Fed. R. Civ. P. 32(d)(3)(A), unless the defect could have been corrected at the time.[5] |
| Admissibility/hearsay | Usually no | Generally preserved for trial; do not interrupt merely to argue admissibility.[5] |
What not to do
The rules and commentary disfavor “speaking objections,” lengthy colloquy, coaching, and instructions not to answer except in the limited circumstances above.[1][2][3] Courts have also condemned objections or interruptions that suggest an answer to the witness.[4]
The safe practice is to object briefly, identify the basis if necessary, and let the testimony proceed unless privilege or another permitted ground requires otherwise.[1][3]
Practical examples of proper deposition objections
Proper objection language typically looks like this:
- “Objection, form.”
- “Objection, vague and ambiguous.”
- “Objection, leading.”
- “Objection, privilege.”
- “Objection, calls for attorney-client privileged communication; I instruct the witness not to answer.”
- “Objection, assumes facts not in evidence.”
- “Objection, foundation.”
Practical rule of thumb
If the objection is to something that the questioner could fix immediately, it is usually appropriate to state it during the deposition. If the objection goes to admissibility or trial use and could be handled later, it is usually preserved without extensive deposition argument.[3][5]