The Burgeoning Young Attorney

Proper Objection, or Not?!?

Posted on November 19, 2014 Updated on November 30, 2014

Two of the potentially most important areas to understand for a deposition are proper and improper objections. You’d be amazed at just how many improper objections are frequently asserted.

And so the saying goes, “one lie can ruin a thousand truths.” In the context of depositions, “one improper objection can erase your good standing, while one waived objection can ruin your case.”

The two most often improperly used objections in a deposition are relevance and hearsay. It is not necessary that the question itself be non-hearsay or relevant, only that it must be reasonably capable of leading to admissible evidence. Put simply, “If the question may lead to admissible evidence than it is relevant.” (See link below)

I’ve found that it is also helpful to briefly explain to your client the procedure for when an objection is made. In the event that you do object, they are to answer the question unless you specifically instruct them otherwise.

Here is an excellent article that briefly outlines both proper and improper deposition objections. See – Proper Deposition Objections – Lawyerist