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parties, and counsel shall conduct themselves at depositions in a temperate,
dignified and responsible manner.
and parties are expected to make a timely and good faith effort to confer and
agree to schedules for the taking of depositions. Unless otherwise stipulated or ordered by the
court, depositions are limited to one day of seven hours. Except for good cause, counsel for the
deponent or a self-represented deponent shall not cancel or limit the length of
a deposition to less than one day of seven hours without stipulation of the
party taking the deposition or order of the court.
Decorum of parties and counsel.
deponent and opposing counsel shall be treated with civility and respect. The
party taking the deposition shall not embarrass, harass, or badger the deponent
or engage in repetitive questioning. The
deponent shall be permitted to complete an answer without interruption. The court expects that all counsel and
self-represented parties shall conduct themselves in accordance with the
“Deposition Dos and Don’ts” published by the Ohio Supreme Court’s Commission on
shall be limited to:
which would be waived if not made pursuant to Civ.R. 32(B) and (D),
necessary to assert a privilege,
necessary to enforce a limitation on evidence directed by the court,
necessary to present a motion under Civ.R. 30(D),
necessary to preserve a proper evidentiary objection should the deposition be
used as evidence, or
necessary to assert that the questioning is repetitive, embarrassing, harassing
objection may be made by stating “objection,” and the legal grounds for the
objection. The reasons for the objection
beyond what is necessary to provide the legal basis shall not be made on the
record. Counsel are prohibited from
making speaking objections that suggest an answer to the deponent.
to answer questions.
deponent may refuse to answer a question only when necessary to preserve a
privilege, to enforce a limitation on evidence directed by the court, to
present a motion under Civ.R. 30(B), or to terminate repetitive, embarrassing,
harassing or badgering questioning. If
privilege is claimed, the examiner may ask the basis for asserting the
privilege. If the ground for not answering
is that the questioning has become repetitive, embarrassing, harassing or
badgering, the examiner shall move on to other areas of inquiry reserving the
right to pursue the objected-to questions at a later time. If the examiner believes that further
questioning on the subject is necessary and proper, the examiner may apply to
the judge or magistrate presiding over the case through a motion to compel or a
motion filed under Civ.R. 30(D) for the right to pursue such questioning at a
(G) Conferring During Questioning.
A deponent and the
deponent’s counsel shall not confer during the deposition, except for the
purpose of deciding whether to assert a privilege.
The examiner shall
provide copies of all documents shown to the deponent to counsel or
self-represented party during the deposition.
The Court may order any
remedy, including sanctions, available under Civ.R. 26(C) or Civ.R. 37 for the
violations of these rules by a witness, party or counsel.