§  1.319   Objections to the taking of depositions.

   (a) Objections to be made by motion prior to the taking of depositions.
   If there is objection to the substance of any interrogatory or to
   examination on any matter clearly covered by the notice to take
   depositions, the objection shall be made in a motion opposing the
   taking of depositions or in a motion to limit or suppress the
   interrogatory as provided in § §  1.315(b) and 1.316(d) and shall not be
   made at the taking of the deposition.

   (b) Objections to be made at the taking of depositions. Errors and
   irregularities occurring at the oral examination in the manner of
   taking the deposition, in the form of the questions or answers, in the
   oath or affirmation, or in the conduct of parties, and errors of any
   kind which might be obviated, removed, or cured if promptly presented,
   are waived unless reasonable objection thereto is made at the taking of
   the deposition. If such objection is made, counsel shall, if possible,
   agree upon the measures required to obviate, remove, or cure such
   errors. The measures agreed upon shall be taken. If agreement cannot be
   reached, the objection shall be noted on the deposition by the officer
   taking it, and the testimony objected to shall be taken subject to the
   objection.

   (c) Additional objections which may be made at the taking of
   depositions. Objection may be made at the taking of depositions on the
   ground of relevancy or privilege, if the notice to take depositions
   does not clearly indicate that the witness is to be examined on the
   matters to which the objection relates. See paragraph (a) of this
   section. Objection may also be made on the ground that the examination
   is being conducted in such manner as to unreasonably annoy, embarrass,
   or oppress a deponent or party.

   (1) When there is objection to a line of questioning, as permitted by
   this paragraph, counsel shall, if possible, reach agreement among
   themselves regarding the proper limits of the examination.

   (2) If counsel cannot agree on the proper limits of the examination the
   taking of depositions shall continue on matters not objected to and
   counsel shall, within 24 hours, either jointly or individually,
   telegraph statements of their positions to the presiding officer,
   together with the telephone numbers at which they and the officer
   taking the depositions can be reached, or shall otherwise jointly
   confer with the presiding officer. If individual statements are
   submitted, copies shall be provided to all counsel participating in the
   taking of depositions.

   (3) The presiding officer shall promptly rule upon the question
   presented or take such other action as may be appropriate under
   §  1.313, and shall give notice of his ruling, by telephone, to counsel
   who submitted statements and to the officer taking the depositions. The
   presiding officer shall thereafter reduce his ruling to writing.

   (4) The taking of depositions shall continue in accordance with the
   presiding officer's ruling. Such rulings are not subject to appeal.

   [ 33 FR 463 , Jan. 12, 1968]

   return arrow Back to Top