Can you point me to the rule that prohibits speaking objections?
Answer: It's Local Rule 18, in Oklahoma (and Canadian) County. Also, 12 O.S. Sec. 3230E addresses the issue: “E. MOTION TO TERMINATE OR LIMIT EXAMINATION.
- Any objection to evidence during a deposition shall be stated concisely and in a nonargumentative and nonsuggestive manner. A party may instruct a deponent not to answer only when necessary to preserve a privilege or work product protection, to enforce a limitation on evidence directed by the court, to present a motion under paragraph 2 of this subsection, or to move for a protective order under subsection C of Section 3226 of this title. If the court finds a person has engaged in conduct which has frustrated the fair examination of the deponent, it may impose upon the persons responsible an appropriate sanction, including the reasonable costs and attorney fees incurred by any parties as a result thereof.
- At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass or oppress the deponent or party, the court in which the action is pending or the court in the county where the deposition is being taken may order the officer conducting the examination to cease taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in subsection C of Section 3226 of this title. If the order entered terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for the order provided for in this section. The provisions of paragraph 4 of subsection A of Section 3237 of this title apply to the award of expenses incurred in relation to the motion.”
There is also case law:
Deposition - Objection Suggesting Answer
Hall v. Clifton Precision, 150 F.R.D. 525, 527 (E.D.Pa. 1993): “The witness comes to the deposition to testify, not to indulge in a parody of Charlie McCarthy, with lawyers coaching or bending the witness’s words to mold a legally convenient record. It is the witness -- not the lawyer -- who is the witness.”
Damaj v. Farmers Ins. Co., Inc., 164 F.R.D. 559 (N.D.Okla. 1995): Cites Hall v. Clifton Precision w/approval & adopts similar rules.
Posted on Wed, December 11, 2013
by Travis Law Office filed under