Deposition Objections Report and Checklist

Before you go to a deposition, use this report as a checklist and memory refresher on the objections you and the other side properly can make at a deposition.  Put this checklist in your deposition/trial notebook!

There are a limited number of valid objections an attorney can make at a deposition. This is a checklist of valid and invalid objections that can be made to questions by the attorneys to the witness,  with a concise summary of the law you need to know about those objections, plus tips such as "How to respond to an adverse attorney who directs a deponent not to answer."

The federal rules (and state rules) have shortened the list of objections that can validly be made by an attorney at a deposition. Know what can and cannot be done, and increase your confidence and power at a deposition.

This report on the law contains a one page checklist of the objections that can or cannot be validly made at a deposition. It's made so that you can put the one page in your notebook you take to the deposition. This LawyerTrialForms™ report is a report that you can annotate in your own word processor. If there is a significant case or rule that you want to add to have handy at a deposition, copy this report in your word processor, add your annotation, and print it out that way for your trial/deposition notebook. Behind that one page checklist of permissible objections there are four pages with a no-nonsense concise discussion of each of the objections.

For example if the adverse attorney says "Objection to the foundation” this report tells you:

If requested by the questioning attorney, then the objecting attorney must identify what is necessary to correct the lack of foundation for the deponent to answer. Failure to specify the portion of foundation missing (if requested to do so) is usually a waiver of the objection.

The most common foundation objection made is - lack of personal knowledge by the deponent. If the lack of foundation can be cured at the deposition, the objection is waived if not made at the deposition. Hence, lack of an objection at the deposition allows the deposition testimony to be used at trial, even if there was a lack of personal knowledge. See, e.g., Collom v. Pierson, 411 N.W.2d 92 (N.D. 1987) (“...an objection to foundation at a deposition is futile unless it is sufficiently specific to afford the opposing party opportunity to cure it.  See also, United States v. Michaels, 726 F.2d 1307, 1314 (8th Cir. 1984): "Foundation objections require specificity. Collom’s counsel failed to specify what was lacking. Therefore, we cannot consider Collom’s deposition objection to foundation for any of Dr. Eisenberg’s testimony.”).

Suppose an adverse attorney directs his/her client not to answer a question you asked? This report has the has the five points you need to put on the record. each time the adverse attorney's direction is not valid.

Let me summarize. Three big points.

	Deposition Objections Report and Checklist will give you concise information, organized to make it easy to review and use.
	Deposition Objections Report and Checklist will give you the confidence of knowing that an expert trial attorney has coached you.
	Deposition Objections Report and Checklist is a very low investment with a high value return.

A good checklist is a lawyer mentor in a box --- guiding you and preventing mistakes.

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