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California is the major "outlier" on deposition objections; under the California Civil Discovery Act as enacted in 1957 and heavily revised in 1986, most objections must be given on the record at the deposition (and must be specific as to the objectionable nature of the question or response) or they are permanently waived. [14]
Courts normally discourage speaking objections and may sanction them when they impede legal process, whether by delaying the proceedings or by adding non-evidentiary material to the record. The Federal Rules of Civil Procedure require objections during a deposition to be stated "concisely in a nonargumentative and nonsuggestive manner."
Historically, California depositions were not limited in length until the Legislature enacted reforms in 2012. Another key difference is that most objections must be made in detail on the record at deposition or they are permanently waived.
Complex Litigation columnist Michael Hoenig writes: Although the complex topic of deposition misbehavior is broad and the variants are many, the common thread running throughout the rules and the ...
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
A surprise objection by labor unions helped delay a state investigation into California's broken wage theft system, putting pressure on Gov. Gavin Newsom to fix a backlog of worker claims and ...
Sullivan’s team had taken his deposition in April 2014, more than nine months before the trial had started. But on the eve of his scheduled testimony, the Johnson & Johnson lawyers had informed their opponents that Sullivan was going to move to disqualify the doctor. Her objection had nothing to do with his qualifications.
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2 ...