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0 tracked cards Civil Procedure

During a federal deposition, plaintiff's counsel asked the defendant's employee about a nonprivileged meeting with a supervisor. Defense counsel objected that the question was irrelevant and instructed the witness not to answer. Defense counsel then made several long objections suggesting how the witness should answer later questions. Plaintiff's counsel moved for sanctions and additional deposition time.
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The court lacks power to sanction counsel for conduct during a deposition because the deposition occurs outside the courtroom. Speaking objections are required so the witness understands how to answer the question. Every objection automatically suspends the deposition until the court rules. Counsel may instruct the witness not to answer only when necessary to preserve a privilege, enforce a court-ordered limitation, or present a motion to terminate or limit the deposition.

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