Opinion
02 Civ. 6441 (LAK)
September 6, 2002
ORDER
The Court having review excerpts of transcripts of certain depositions heretofore taken in this case, it is hereby
ORDERED, that the following procedures shall govern depositions henceforth conducted in this action.
1. Objections. Even in depositions taken for potential use at trial, it is rarely necessary to state objections to questions during the deposition. Most objections can — and should — be made for the first time at trial when a deposition is offered. Any objections that are made during the deposition must be stated concisely and in a non-argumentative and non-suggestive manner, such as would be appropriate if the examination were conducted before a judicial officer. A party may instruct a deponent not to answer a question only when necessary to preserve a privilege, to enforce a limitation on evidence imposed by the Court, or to present a motion under Fed.R.Civ.P. 30(d).
a. Speaking Objections. No speaking objections shall be allowed. All objections as to relevance and admissibility shall be preserved until later ruling of the Court or time of trial. Objections as to the form of the question shall be made by any one opposing counsel, who shall simply state, "Objection." The objecting counsel shall not speak any additional words concerning the basis of the objection unless the examining counsel requests a clarification. Any clarification as to the basis of the objection shall be stated as succinctly as possible, e.g., "Argumentative," or "Ambiguous."
b. Objections to answers. Objections to the responsiveness of the answer shall be made by the examining counsel, or by counsel for parties other than the deponent, who shall simply state, "Move to strike as unresponsive." The objecting counsel shall not speak any additional words concerning the basis of the motion unless deponent's counsel requests a clarification.
c. Objections Preserved for All Counsel. Once counsel representing any party states, "Objection" following a question, then all parties have preserved all possible objections to the form of the question unless the objector states a particular ground or grounds of objection, in which case that ground or those grounds alone are preserved. Counsel for other parties need not repeat their objections to preserve them for the record. Similarly, if examining counsel or counsel for any party other than the deponent states, "Objection" following an answer, then all parties have preserved all possible objections to the responsiveness of the answer. Thus, counsel are instructed not make additional, unnecessary objections on the record if another counsel has already stated an objection.
2. Directions Not to Answer. Directions to the deponent not to answer a question are improper except on the ground of privilege, on the ground that the Court has ordered that such information is not subject to discovery, or to enable a party or deponent to present a motion to the Court for termination of the deposition on the ground that it is being conducted in bad faith, or in such a manner as to unreasonably annoy, embarrass, or oppress the moving party or deponent. Instructions not to answer a question given to a witness by counsel shall be kept to a bare minimum. Counsel providing such instruction may be assessed the entire cost of any resulting second deposition, including attorneys' fees and expenses for all other counsel, if the instruction is found by the Court to be unreasonable. All grounds for an instruction not to answer a question must be stated at the time the instruction is given. Failure to state a ground at that time will result in its waiver. When a privilege is claimed, the deponent must answer questions relevant to the existence, extent and/or waiver of the privilege, including questions addressing the date of privileged communication, who made the privileged communication, and the identity of persons to whom the contents of the statement have been disclosed.
3. Suspension of Depositions. If a deposition is suspended on the ground that it is being conducted in bad faith or in such a manner as to unreasonably annoy, embarrass or oppress a party or deponent, the person who suspended the deposition shall file and serve a motion for a protective order under Fed.R.Civ.P. 26(c) within ten (10) days of suspension of the deposition. If no motion for a protective order is filed within ten (10) days of the suspension of the deposition, a motion to compel and for sanctions under Fed.R.Civ.P. 37 may be filed and served.
SO ORDERED.