Home > Research Legal Advice > Litigation > Deposition in California; about loaded questions, and asking them over a...
Asked 11 months ago - Long Beach, CA
FlagThe Defendants are deposing me. The D’s attorney tries to put words in my mouth, and seeks a “yes” or “no” answer to a totally loaded question that I cannot answer either “yes” or “no” but must respond to tell him he is not asking a question that makes any sense, and so to protect myself I explain why I cannot answer, and even explain why his question makes no sense. He keeps asking it over and over. So, after about the 15th time he asked the same question I have now said "I now object, the question, if it is one, is already answered, and you are now harassing me." It is a sensible objection in terms of logic, but is that a valid "legal" objection? (Or is hoping to wear me down? To make me tired and answer incorrectly on a later real question and use that to his advantage in court?)
There is really no right or wrong answer to this question. Some lawyers believe that the only appropriate objection during a deposition, other than one based on privilege, is "object to the form of the question." Those lawyers believe that all substantive objections are reserved for the time of trial. That's debatable. Others believe that all objections are waived unless timely made at the deposition. That's also debatable.
Your situation seems to have more to do with the opposing counsel's behavior. If you believe that he or she is harassing you, you are free to suspend the deposition and make a motion for a protective order. That can be a daunting project, but it is an option. On the other hand, you can simply refuse to answer. In that case, the opposing counsel will have to file a motion to compel a response. If that motion get filed, you can oppose it by showing the court what was going on in the deposition, and make the other side justify its behavior. And keep in mind that courts hate discovery motions.
"Asked and answered" could be a valid legal objection in a deposition. However, without having read the deposition transcript, it is hard to ascertain what transpired during your deposition. It is very possible that the initial questions were proper, and you should have just responded with a yes or no rather than providing a narrative explanation.
While I cannot give you legal advice in this forum, in my experience most judges do not uphold "asked and answered" objections, although they are routinely made. What judges do tend to uphold is a request for protective order to preclude further questions on those topics based on witness harrassment when the questioning is unreasonably repetitive.
If the other side makes a motion against you on this, make sure to submit extensive deposition excerpts showing your proper responses and the repetitive nature of the questioning. Do not just argue it. You will have to clearly show it.
Every attorney who participates on this site can understand how you would like to acquire the skill to handle these (and the still-to-come) depo issues by asking seriatim questions here. But the practice of law and litigation skills in particular cannot be learned or taught that way. The answer to all of these types of questions is necessarily: "It depends." Because it really does depend -- on a thousand individual facts and circumstances, tangible and intangible.
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