A. Objections to questions during an oral deposition are limited to “Objection, leading” and “Objection, form.” Objections to testimony during the deposition are limited to “Objection, non responsive.” These objections are waived if not stated as phrased during the oral deposition. All other objections need not be made or recorded during the deposition to be later raised in court. Argumentative or suggestive objections or explanations waive objection and may be grounds for terminating the oral deposition or assessing court costs or other sanctions.

B. An instruction to a deponent not to answer a question shall be limited to the grounds set forth in Section 3230 E.1 of the Discovery Code. The attorney instructing the witness not to answer shall give a concise, non argumentative, non suggestive explanation of the grounds for the instruction if requested by the party conducting the examination.

C. Counsel and a witness shall not engage in private, off the record conferences during the actual taking of the deposition, except for the purpose of deciding whether to assert a privilege or to move for a protective order. Private conferences may be held, however, during agreed recesses and adjournments.

OBJECTIONS TO DEPOSITION TESTIMONY:

A. Objections to any portion of deposition testimony, either by videotape or otherwise, which is sought to be introduced at trial and which cannot be resolved by counsel, shall be presented to the trial judge for a ruling at least twenty days prior to trial.

B. All objections not made, as set out above shall be deemed to be waived and the deposition shall be read or viewed in its entirety at trial.

C. The trial judge, in the exercise of sound discretion, may waive these requirements.