Here's another great question from my defunct ReadBack.org website. When you're in the deposition room, you're going to hear objections. Lots and lots of objections... Today's readback.org archive question comes from user GRUNDYALEX:
After 2908 views and 4 responses, the Best Answer with 7 votes comes from GREGADELSON
In many states they want only Object to the form of the question.
In other states they state all of their objections on the record at the time of the deposition. In court you are going to hear the full objections, so why don't we get to it. Somewhere I have a listing of just about every objection you are likely to hear. If I can locate my sheet, I am going to give them to you. Most of them are one-strokers and once they are incorporated, you are going to think you died and went to heaven. I am going to start off with some very basic stuff, so just go with it.
I will object - EU*-B
I object - EU-B
Overruled - OFERLD
Overrule - OFRL
Sustain - STAEN
Foundation - TPOUPBGS
No foundation - TPHOUNGS
Vague and ambiguous - SRAUEBS
Ambiguous - TKPWAOUS
Ambiguity - TKPWAOUT
Assumes faacts not in evidence - SUFS
Assuming facts not in evidence -SUFS/G
Assumes a fact not in evidence - SAUFS
Assumed a fact not in evidence - SAUFD
Leading and suggestive - HR*UG
Circumstantial evidence - SKEFD
Same objection - SAOBGS
Hearsay - HAERZ
You may answer - UPLS
You can answer - UBGS
Nonresponsive - TPH-R
To answer - TAONS
Not to answer - TPHAOPBS
May answer - PHAEPBS
Instruct the witness - STREUPBS
I offer - IFR
I offer in evidence - IFRND
In evidence - TPHEFD
Move to - MAOFT
Strike out - STROUT
Strike the answer - STRAPBS
Irrelevant - EURT
For the purpose of - FORP
Calls for a conclusion - KAULS/K-K
Self-serving - S-FG
Self-serving declaration - S-FGD
Declaration - TKHRAEUGS
To the effect - TOEFBGT
So marked - SPHARBGD
Motion granted - PHOG
Motion denied - PHOD
To the form - TOEFM
To the form of the question - TOEFM/KWE
To the form of your question - TOEFM/KWROURBG
To the form of that question - TOEFM/THABG
As to form - STOEFPL
Instruct the witness - SWEUT
Not to answer - TPHOPBS
Instruct him not to answer - STREUPL/TPHOPBS
Instruct her not to answer - STRER/TPHOPBS
Direct him not to answer - TKREUM/TPHOPBS
Direct her not to answer - TKRER/TPHOPBS
I am going to object - EUPL/GOEB
I am going to object to the question - EUPL/GOEB/KWE
Not calculated to lead to - KHRAEUTD/KHRAEUTD
Discoverable evidence - TKFRBLD
Strike that - STREU*P
Don't answer - TKAOPBS
And I object - SKPEUB
Inconsistent - TPHEUBGT
I object to the form - PWOEURPL
Object to the form - PWORM
Of the question - TPEBG
Of this question - TPEUBG
Of that question - TPABG
Attorney-client privilege - TAOEUJ
Attorney-client - TAOEUPBT
Admissible evidence - MEUBLD
Work product - WRUBGT
Conjecture - K-JT
Assumption - SUPLGS
Fair and impartial - TPAEURP
Standard of care - ST-FBG
(and so forth - SKPOFRT)
Work these into your system a little at a time. If you guys would like
I will list ortho terms and straighten out once and for all how to write
fast medical. I know you have probably thought about it, but once that
miserable medical is over, it is out of mind. Well, let's fix it once and for
Oh, we hear them all!
Object: Objection. Assumes facts not in evidence. Assumes facts. Misstates the witness's testimony. Misstates the witness. Misstates prior testimony. Vague. Vague and ambiguous. Ambiguous. Calls for legal conclusion. Calls for expert opinion. Beyond the scope of the witness's expertise. Beyond the scope of the examination.
Not reasonably calculated to lead to the discovery of admissible evidence. Object to the form. Object to the form of the question. The question is vague. Calls for speculation. Lack of foundation or lacks foundation. No foundation.
Asked and answered. Asked mulitple times. Harassing. Unintelligible. Compound. Argumentative. Arguing with the witness. Attorney-client privilege. Work product. Privacy. Invasion of privacy. Marital privilege.
There's more, but I can't think of them right now.
You'll want to get as many one-stroke briefs for these as you can, and then they become fun!
More often than not, when you're attending a deposition, the attorneys will have agreed beforehand that the only objections that are raised will be with response to the form of the question and not to the types of questions that are asked. In other words, while you're in a trial, there may objections to the witness' ability to comment on something; you're unlikely to hear these during a deposition.
The objections that you'll hear in a deposition are going to be related to the way that a question is asked. Most of the objections that you'll hear will be because the questions are leading the witness - aimed at bringing an answer that the attorney asking them wants the witness to give. Additionally, there may be objections to argumentative questions - cases where the attorney asking the question seems to be picking a fight with the person giving testimony - as well as to compound questions in which it seems like the attorney is asking more than one question at the same time. Ambiguous questions that don't seem to actually have an answer and questions based on facts that haven't yet been determined also can lead to objections from opposing counsel. The other objections that you hear will be when one of the attorneys seems to mischaracterize what the witness had already said - when the words of the witness are twisted in an effort to make a point.
Wow! You do hear them all! Thanks so much for the *instruct the witness* brief.. You don't know how long I've waited for a brief for that phrase. Awesome!
Good idea on the ortho terms, Gregorio, thanks! I'm going to post a question regarding medical briefs and I would love to see your list as well as hear your advice about writing fast medical deps.
Todd, I will start working on that sometime this weekend. We will also talk about briefing on the fly.
Monday, June 2, 2014