Depositions are a critical part of litigation, allowing attorneys to gather testimony and establish facts before trial. In California, however, the rules governing deposition objections are stricter than in the courtroom. Knowing which objections are proper is essential to preserve the record and avoid unnecessary disruptions.
Here’s a quick guide to the proper objections at a California deposition to be used in partition actions and other forms of litigation.
Form of the Question
During a deposition, attorneys may object to the way a question is phrased if it creates confusion or ambiguity. Common objections to the form of a question include:
- Vague and ambiguous
- Compound question
- Calls for speculation
- Assumes facts not in evidence
- Argumentative
- Calls for a narrative response
- Leading (if questioning your own witness)
Privilege
Protecting privileged information is one of the most critical responsibilities during a deposition. Objections should be made if a question seeks information protected by:
- Attorney-client privilege
- Work product doctrine
- Physician-patient privilege
- Privacy rights
Harassment or Abuse
Depositions can occasionally become contentious. California law allows objections to questions that cross the line into harassment or improper conduct. These include:
- Harassing
- Argumentative
- Asked and answered
Foundation
To ensure that questions are grounded in admissible evidence, objections may be made when:
- Lacking foundation
- Assuming facts not in evidence
- Calling for speculation
Improper “Catch-All” Questions
California courts have placed limits on overly broad deposition questions. For example, in Rifkin v. Superior Court (1994) 22 Cal.App.4th 1255, the court ruled that asking a witness to identify “all facts, witnesses, and documents” supporting their case was improper. Such questions are unreasonably burdensome and oppressive because they fail to narrow the scope of inquiry. Such questions are proper for written discovery where parties can respond with the aid of counsel.
Deposition Notice Issues
Errors or overreach in the deposition notice can also warrant objections. For example:
- Improper notice
- Beyond the scope of the notice
Improper Opinions
Deposition questions must be appropriate for the expertise and knowledge of the deponent. Objections to improper opinions may include:
- Calls for an expert opinion (if the witness is not qualified as an expert)
Miscellaneous Issues
Additional proper objections include:
- Calls for a legal conclusion
- Unintelligible question
What You Should Avoid
It’s important to note that certain objections, such as relevance, hearsay, and the competence of evidence, are not proper at depositions. These objections are typically reserved for trial and should not be stated unless necessary to preserve an issue for later argument.
Key Takeaways
When making objections during a deposition, keep them concise and avoid arguing or disrupting the flow of questioning. Objections should serve to preserve the record, protect privilege, and ensure that the questioning remains fair and within the scope of the law.
If you have questions about depositions or need experienced legal representation, the team at Talkov Law Partition Attorneys are here to help. We specialize in navigating partition disputes with a focus on achieving successful outcomes for our clients. Ready to discuss your case? Contact us online for a free partition consultation.
