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Rule 13.1: Depositions

(A) Witnesses, parties, and counsel shall conduct themselves at depositions in a temperate, dignified and responsible manner.

(B) Scheduling.

Counsel 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.

(C) Decorum of parties and counsel.

The 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 Professionalism.

(D) Objections.

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 evidence, or

(f)    Those necessary to assert that the questioning is repetitive, embarrassing, harassing or badgering.

(E)  Speaking Objections. 

An 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.

(F)  Refusing to answer questions.

A 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 later date.

(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.

(H)  Documents.

The examiner shall provide copies of all documents shown to the deponent to counsel or self-represented party during the deposition.

(I)    Violations.

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.

(Effective October 10, 2011.  Amended effective April 2, 2019.)

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