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Rule 13.1: Depositions
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Witnesses, parties and counsel shall conduct themselves at depositions in a temperate, dignified and responsible manner.
The following rules for the taking of depositions emphasize the expectations of the Court as to certain issues; they are intended to supplement Civ. R. 26, 30, 32 and 37:
Counsel are expected to make a timely and good faith effort to confer and agree to schedules for
the taking of depositions. Except for good cause, counsel for the deponent shall not cancel a
deposition or limit the length of a deposition without stipulation of the examining counsel or order of
Opposing counsel and the deponent shall be treated with civility and respect, and the questioner
shall not engage in repetitive, embarrassing, harassing or badgering questioning. The deponent
shall be permitted to complete an answer without interruption by counsel.
Objections shall be limited to:
(a) those which would be waived if not made pursuant to Civ. R. 32(B) and (D),
(b) those necessary to assert a privilege,
(c) Those necessary to enforce a limitation on evidence directed by the Court,
(d) those necessary to present a motion under Civ. R. 30(D),
(e) those necessary to preserve a proper evidentiary objection should the deposition be used as
(f) those necessary to assert that the questioning is repetitive, harassing, or badgering.
(4) Speaking Objections.
Counsel may interpose an objection by stating "objection" and the legal grounds for the objection.
Speaking objections that refer to the facts of the case or suggest an answer to the deponent are
improper and shall not be made in the presence of the deponent. Counsel shall not argue the
reasons for the objection on the record.
(5) Instructions Not to Answer.
Counsel may instruct a deponent not to answer a question only when necessary to preserve a
privilege, to enforce a limitation on evidence directed by a Court, to present a motion under Civ. R.
30(B), or to terminate repetitive, harassing or badgering questioning. In the event privilege
is claimed, examining counsel may make appropriate inquiry about the basis for asserting the
privilege. In the event that the ground for the instruction not to answer is that the questioning has
become repetitive, harassing or badgering, and the questioner believes that further questioning on
the subject is necessary and proper, the questioner may apply to the presiding Judge or Magistrate
for the right to pursue such questioning at a later date.
(6) Irrelevant and Embarrassing Questions.
If an Attorney objects to a particular line of questioning on the ground that the questioning is being
conducted in bad faith, or in such a manner as unreasonably to annoy, embarrass or degrade the
deponent, the questioning Attorney should move on to other areas of inquiry, reserving the right to
pursue the objected-to questions at a later time or date if the objecting Attorney agrees to withdaw
the objection or if, as a result of a conference call by the Attorneys to the presiding Judge or
Magistrate, a motion to compel or a motion filed under Civ. R. 30(D), the Clurt determines that the
objected-to questions are proper.
(7) Conferring During Questioning.
While a question is pending, counsel for the deponent and the deponent shall not confer, except for
the purpose of deciding whether to assert a privilege.
During the deposition, examining counsel shall provide opposing counsel and counsel for the
deponent with copies of all documents shown to the deponent.
Where a witness, party or counsel violates any of these rules at a deposition, the Court may order
any of the remedies, including sanctions, available under Civ. R. 26(C) or 37, as well as attorney
(Effective October 10, 2011.)
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