Rule 1.310(c) provides that “[a]ny objection during a depositionshall be stated concisely and in a non-argumentative and non-suggestive manner.” (Emphasis added). Speaking objections to deposition questions are frequently designed to obscure or hide the search for the truth by influencing the testimony of a witness. Objections and statements that a lawyer would not dare make in the presence of a judge are all too often made at depositions. For example:
• “I object. This witness could not possibly know the answer to that. He wasn’t there.”
“I don’t know. There are too many variables to compare the two.”
Objections should be asserted by stating: “I object to the form of the question.” The grounds should not be stated unless asked for by the examining attorney. When the grounds are requested, they should be stated succinctly. Coaching the deponent or suggesting answers through objection or otherwise is improper and should not occur.
Examination and cross-examination of witnesses may proceed as permitted at the trial. Rule 1.310(c). If a deponent changes his testimony after consulting with his attorney, the fact of the consultation may be brought out, but the substance of the communication generally is protected.3 Where an attorney has improperly instructed his client not to answer a question at deposition, the court may prohibit the attorney from communicating with the client concerning the topic at issue until such time as the deposition recommences.4
Rule 1.310(d) provides that a “motion to terminate or limit examination” may be made upon a showing that objection and instruction to a deponent not to answer are being made in violation of Rule 1.310(c).
4McDermott v. Miami-Dade County, 753 So. 2d 729 (Fla. 1st DCA 2000).
Congratulations! You're now booked up on Item 6.01 from Florida's Handbook on Civil Discovery Practice (2016)!
You might need to reference it during your pursuit of justice.
