The following is an example of an abusive tactic that may be utilized by defense attorneys during a deposition.
Making Objections Frequently
Your Orange Park injury lawyer knows how difficult it can be to take your deposition when the defense attorney continually raises objections. Frequent objections tend to:
- Distract the witness;
- Interrupt the testimony flow;
- Confuse the course of the deposition; and
- Impede productive discovery.
As consistent with Rule 31 as listed in the Rules of Civil Procedure, the defense attorney and your Orange Park injury lawyer are wise to reach an agreement before the deposition begins so that every objection to materiality, relevancy or competency will not be waived by a failure to raise them during or before the deposition. Some objections that pertain to foundation or form are better made during the deposition in order for the opposing counsel to clear the error if it is necessary; otherwise, objections not raised at deposition time are typically not waived. Unobtrusive, polite objections that are followed with instructions to answer are acceptable, but your Orange Park injury lawyer should not let the defense attorney object too frequently.
If the defense makes frequent objections that your Orange Park injury attorney believes are abusive in nature, a response such as the following is advised:
Ms. Defense Attorney, you have made 10 objections in the last five minutes. Let us agree and state that you maintain a standing objection, and I will make no assertion that such objection has been waived by you when the court receives this case. The record now notes your objection, and I ask that any further frequent objections be ended. As you are aware, relevancy, competency or materiality objections are not waived by any failure to raise them at this deposition. I am confident my questions have proper foundation and form, but if you object to any of them, you will be able to do so at trial if I choose to use them there. I will afford you with likewise courtesy during the time of your questioning.
John Fagan, a competent personal injury attorney, can help you understand and prepare for your deposition. Please call 904-278-1000 to request a free consultation with an experienced and knowledgeable Orange Park injury attorney.