Legal Research

"Objections to the Form of a Question: A Partial List"

Posted by Evan Schaeffer: "Lawyers who are defending depositions (or learning how to defend depositions) sometimes like a handy list of form objections. If the form objection is not made during the deposition, this type of objection is normally waived.

Here are some typical form objections:

• "Vague..."
• "Compound..."
• "Argumentative..."
• "Asked and answered..."
• "Assumes facts not in evidence..."
• "Misstates the evidence" or "misstates the witness's testimony..."
• "Leading..."
• "Lacks a question..." 
•   "Lacks foundation..."

Some common objections that are not to the form of the question include irrelevance and hearsay.

If you'd like to add other objections to the list, please leave a comment. For more information on deposition objections, see my book, Deposition Checklists and Strategies (James Publishing)

Related posts:

1. "The Anatomy of the Perfect Deposition Question."

2. "When Are Leading Questions Permitted During Federal-Court Depositions?"

3. "Depositions: Don't Ignore Form Objections."

4. "Depositions: Asserting Control with the 'Nonresponsive' Objection."

Full text and active links are available at the source site listed below.

Source: The Trial Practice Tips Weblog, 21 July 2009

Full post as published by Stark County Law Library Blawg on July 23, 2009 (boomark / email).