Page 73 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
Handling Speaking Objections
In most jurisdictions, one is limited to objecting to the form of the question. Speaking objections are considered witness coaching and are prohibited. Even so, many attorneys use speaking objections. Knowing how to confront this behavior and shut it down is necessary to prevent an attorney from putting words into a deponent’s mouth.
EXPLANATION
Participants learns how to deal with speaking objections.
EXERCISE
Explain to participants the various ways you deal with speaking objections. For example, you may tell opposing counsel to stop, you may cite a case or local rule on the record prohibiting speaking objections and create a record, you may threaten to get the judge
on the phone, you may threaten to terminate the deposition, etc. Discuss all the options available and which ones make the most sense to use, when to use them and how to use them. Then play the role of the attorney posing objections and have participants challenge you on your use of speaking objections.
LESSONS LEARNED
This exercise teaches participants various approaches when confronting an attorney making speaking objections. The appropriate response is driven by one’s jurisdiction and the local rules applicable to speaking objections.
A FEW QUESTIONS TO DISCUSS
What is considered a speaking objection?
Why are speaking objections inappropriate?
What are the various ways to shut down speaking objections?
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SECTION 05 OBSTREPEROUS OPPOSING COUNSEL