Deposition Objections

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Deposition Objections

This handy guide provides the grounds and language for: attorney-client privilege, attorney work-product privilege, proprietary and confidential information, witness self-incrimination, family communications privileges, privileges for communications with professionals, privacy privilege, legal process privilege, over-broad and burdensome questions, vagueness, ambiguity, repetition, lack of foundation, legal conclusions, and more.

•   Verbal and non-verbal coaching of the witness
•   Colloquies and stipulations among counsel
•   Instructing the witness not to answer
•   Disruptive or inappropriate objections
•   Production of privileged or confidential documents

Perhaps because depositions are as close to a trial as many cases will get, deposition disputes have grown more heated and difficult to resolve.

Joseph A. Ranney's Deposition Objections offers help with these issues and objections:

Procedural issues

•   13 examples of when it is and when it is not appropriate to ask the court for a supervisory ruling
•   When to instead adjourn and move for a protective order
•   How to lay the groundwork for a supervisory ruling
•   When is it okay to instruct a witness not to answer?
•   Techniques for stopping bad attorney behavior at depositions
•   Checklist of steps to take before adjourning a deposition
•   When are you on safe ground when making a speaking objection?
•   Guidelines for responding to a speaking objection
•   Sample language for putting stipulations on the record

Grounds for objecting

•   The limits of the attorney-client privilege, with checklist of when it does and does not apply
•   What are the limits of work-product immunity?
•   How to resolve work-product disputes during a deposition
•   Issues in formulating protective orders and common solutions
•   Quick-reference chart showing the confines of professional privilege
•   What is the scope of the privacy privilege?
•   Making the balancing calculation in legal process privilege objections, with examples. Summary checklist
•   The 5 situations when a relevance objection is proper
•   Methods for resolving relevance disputes
•   Handling attorneys and witnesses who play the dictionary game
•   How many times should you allow a question to be asked?
•   Preparing witnesses for loaded questions
•   Should you instruct the witness not to answer a legal theory disclosure question?
•   Are evidence identification questions allowed? What to consider when making the judgment call

This edition adds new text, tips, and more than 100 cases to help you protect your witness and your case.

Chapter 1 OBJECTING TO DEPOSITION NOTICES AND SUBPOENAS

Depositions of Court-Appointed Experts:

•   Scope of the deposition
•   Arranging the deposition
•   Paying for the deposition
•   Conducting the deposition

Proportionality:

•   Proposed Federal Rule that all discovery must be "proportional to the needs of the case"

Electronic Discovery Issues: Responding to Subpoenas

•   What to do when you receive a subpoena requesting electronic documents
•   Implementing a litigation hold
•   Form in which information should be produced
•   Judicial involvement in e-discovery

Electronic Discovery Issues: During the Deposition

•   Undisclosed e-mail attachments
•   Undisclosed metadata
•   Undisclosed earlier or later versions of a document
•   Native and searchable format

New form: Order for Court-Appointed Expert

Chapter 7 WITNESS SELF-INCRIMINATION

Limits to the Self-Incrimination Privilege:

•   Blood alcohol test results and field sobriety tests

Chapter 9 PRIVILEGES FOR COMMUNICATIONS WITH PROFESSIONALS

Waiver of Physician-Patient Privilege:

•   When patient seeks evaluation only and not treatment

Chapter 10 PRIVACY PRIVILEGE

What Matters Are Privileged as Private?

•   Internet records

Chapter 16 INSTRUCTING THE WITNESS NOT TO ANSWER A QUESTION

Objections and Instructions Not to Answer: Irrelevant, Burdensome, or Harassing Questions

•   What to do when a corporate representative is asked questions outside the scope of topics listed in the subpoena with sample dialogue

Chapter 20 OBJECTIONS AT EXPERT WITNESS DEPOSITIONS

Discovery of Expert Witnesses

•   Discovery of court-appointed expert witnesses.

When Should You Object to Attempts to Depose a Non-Testifying Expert?

•   The "hand in glove" theory and the "two hat" theory

Objection: Opinion Testimony Standards and Applicable Legal Standards

•   Legal theories and impressions of counsel not discoverable, even when disclosed to expert

Objections: Testimony of Court-Appointed Experts

•   Explaining basic deposition rules to expert with sample dialogue

New Form: Order Establishing Protocol for Court-Appointed Expert's Deposition

Table of Contents


BEFORE THE DEPOSITION
GROUNDS FOR OBJECTING TO DEPOSITION QUESTIONS
PROCEDURAL ISSUES DURING THE DEPOSITION
SPECIAL SITUATIONS
AFTER THE DEPOSITION