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On a slightly related note, do you know of any authority for the following: Counsel states during deposition that if a question is pending, the witness may not take a break or confer with his attorney.

Can't seem to find authority for this that most attys take for granted, but sometimes get challenged on!


I have always had some level of disagreement with the idea that the objection lies solely with the questioner. If an answer is not responsive, it should objectionable by any party to the deposition. Most often, for the opposing party, it is really grounded on lack of relevance. But isn't that true for everyone there?

Q - What did you see as you approached the intersection?
A - I was still trying to get her to change the radio station, and I was asking her to find me a station that I liked. . .

Dan N

While the objection to a non-responsive answer is reserved to the propounder of the question, a motion to strike is generally available to the adverse party when the non-responsive answer is otherwise inadmissible on other grounds, such as relevance.


If a motion to strike has been filed in court but there hasn't been aruling yet, do I have to answer questions about the info in the motion to strike at a deposition

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