Defending Depositions in Federal Court: A Comprehensive Guide

50 questions on defending depositions in federal court, answered and cited by the UpLaw editorial team.

• Are “lacks foundation” and “calls for speculation” form objections?
• Can a 30(b)(6) examiner ask questions outside the noticed topics?
• Can a deposition be avoided by an affidavit saying the witness has no relevant knowledge?
• Can an examiner demand that a witness search for and produce documents during a deposition?
• Can a party depose the same witness twice?
• Can a witness assert the Fifth Amendment in a civil deposition?
• Can a witness confer with counsel while a question is pending?
• Can a witness discuss testimony with counsel during a deposition break?
• Can a witness use an errata sheet to contradict deposition testimony?
• Can documents shown to a witness during preparation become discoverable?
• Does an objection at a deposition stop the witness from answering?
• Have courts actually sanctioned lawyers for speaking objections?
• How does defending an expert witness differ from defending a fact witness?
• How does preparing a case theme help a witness testify truthfully?
• How does the seven-hour deposition limit interact with breaks?
• How far does the corporate attorney-client privilege reach in a deposition?
• How high is the Rule 30(d)(3) threshold for terminating a deposition?
• How is defending a Rule 30(b)(6) corporate designee different?
• How long does a witness have to review and correct a deposition transcript?
• How much notice is required for a deposition, and what if the notice is too short?
• How selective should a defending lawyer be about objecting?
• How should a privilege instruction be phrased on the record?
• How should preparation differ for a combative witness versus a senior executive?
• Is an attorney's selection of documents for a witness protected work product?
• Is it improper to text a remote witness during a deposition?
• Should I agree to the “usual stipulations” at the start of a deposition?
• What are the recurring form objections in a deposition?
• What can a lawyer do when a deposition becomes abusive?
• What can parties change by stipulation under Rule 29?
• What habits should a witness drill before a deposition?
• What happens to a lawyer who improperly instructs a witness not to answer?
• What is a Rule 30(b)(6) deposition and why does the rule exist?
• What is a speaking objection and why is it prohibited?
• What is the apex doctrine and how does it protect senior executives from depositions?
• What is the correct way to state a deposition objection?
• What is the defending attorney's actual role in a deposition?
• What is the difference between a form objection and a substance objection?
• What is the difference between witness preparation and improper coaching?
• What is the field checklist for defending a deposition?
• What is the value of mock examination in deposition preparation?
• What must an errata sheet contain?
• What principles did Hall v. Clifton Precision establish?
• What sanctions are available for deposition misconduct?
• What should a lawyer clarify before preparing a nonparty witness?
• What should I do when opposing counsel obstructs a deposition I am taking?
• What traps do examiners set for expert witnesses at deposition?
• When may a lawyer instruct a witness not to answer a deposition question?
• Who is allowed to attend a deposition?
• Why does deposition testimony matter so much in federal civil litigation?
• Why do experienced lawyers rarely object to relevance or hearsay at a deposition?