Legal Question in Civil Litigation in California

In deposition, what is the purpose of an attorney's objection to certain questions like "objection to form" etc. when he/she then follows it by saying "you can still answer." Whatever answer given to such objected question cannot be used as evidence later in a trial?


Asked on 12/27/11, 5:32 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Objections are made at deposition to preserve them when the matter goes to trial, or the transcript is used for some other purpose, for instance, as an exhibit to a motion for summary judgment. The judge will rule on the objection before considering whether the deposition answer may be used as evidence.

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Answered on 12/27/11, 5:40 pm

Depositions can be used for many purposes. Questions that could never be asked at trial can be asked in depositions in order to investigate the case. An attorney objecting to the form of the question is responding to a question that is on a topic that could be asked about at trial, but in a form that is technically objectionable. So in order for the question not to be able to be read to the jury or into the record at trial, the attorney objects to the form of the question, but allows it to be answered for investigation purposes. The asking attorney may still seek to have it admitted into evidence at trial, but the objecting attorney has preserved his right to object by stating the objection at the time of the question.

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Answered on 12/28/11, 12:49 am


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