Depositions: Managing Deposition Objections Checklist (Federal)

by Practical Law Litigation

A Checklist providing a detailed guide for attorneys navigating deposition objections under the Federal Rules of Civil Procedure (FRCP). It emphasizes the importance of understanding the permissible scope of inquiry, as outlined in FRCP 26(b)(1), and the necessity of adhering to court orders, local rules, and case-specific stipulations. This Checklist highlights the types of objections that must be raised during a deposition to avoid waiver, such as objections to the form of a question, and distinguishes these from objections that can be reserved for trial, including those based on relevance and hearsay. Additionally, it outlines the proper handling of speaking objections, which are discouraged under the FRCP, and suggests strategies for addressing improper instructions not to answer. This Checklist also provides practical examples of form objections, such as leading or argumentative questions, and offers corrective measures for the deposing attorney. By consulting this resource, attorneys can effectively manage objections to maintain the flow of deposition questioning and ensure compliance with procedural rules.