| by Heather Duncan, Esq.
Handling objections during a deposition can be complicated. Some objections are waived unless made during the testimony. Others aren’t waived, even if you fail to make them. Below is a brief rundown on the California law.
PRIVILEGE
Objections based on the grounds of privilege or work product protection are waived unless timely made during the deposition. CCP 2025.460(a).
ERRORS OR IRREGULARITIES
Objections based upon certain errors or irregularities that might be cured if promptly presented are waived unless timely made during the deposition. These errors include those relating to the manner of taking the deposition, to the oath or affirmation administered, to the conduct of a party, attorney, deponent, or deposition officer, and to the form of any question or answer. CCP 2025.460(b).
COMPETENCY OR ADMISSIBILITY
Objections to the competence of the deponent, or to the relevancy, materiality, or admissibility at trial of the testimony or materials produced are unnecessary at the deposition and are not waived by failure to make them before or during the deposition. CCP 2025.460(c).
FORM OF THE QUESTION
Attorneys frequently agree to reserve all objections except to the form of the question. Objections to the form of the question include:
- vague,
- unintelligible,
- ambiguous,
- compound,
- calls for speculation,
- argumentative,
- asked and answered,
- not reasonably calculated to lead to the discovery of admissible evidence,
- harassing and oppressive,
- incomplete hypothetical,
- calls for hearsay, and
- leading (if not an adverse witness)
To ensure full compliance with the rules, an attorney should keep objections short and to the point.