![]() The hypothetical quote above is a classic example of a speaking objection. “If you’re asking my client…then you already know the answer because they previously testified…which is the answer to your question.” Handled adroitly, speaking objections will only tie defense counsel into expensive knots. Defense browbeating is not an acceptable tactic. Our clients have a right to certain information being obtained. Ultimately, these tactics will lay the groundwork for a motion to compel and secure sanctions against the offending defense attorney. This article aims to arm young attorneys with tactics and knowledge to control the hostile defense lawyer. Such improper efforts to limit the scope of questioning must be defeated. Too often defense attorneys improperly object, trying to bully younger plaintiffs’ attorneys during depositions. The deposition may then be used as fully as though signed, in accordance with paragraph (i) of this section.How to Put a Cork in the Defense's Speaking Objections If the deposition is not signed by the deponent within thirty (30) days of its submission to him/her, the official reporter shall sign the deposition and state on the record the fact of the waiver of signature or of the illness or absence of the deponent or of the refusal to sign, together with a statement of the reasons therefor. ![]() The deposition shall then be signed by the deponent, unless the deponent waives signature or is ill or cannot be found or refuses to sign. Any change in form or substance which the deponent desires to make shall be entered upon the deposition by the official reporter with a statement of the reasons given by the deponent for making them. When the testimony is fully transcribed, the deposition shall be submitted to the deponent for examination and signature and shall be read to or by the deponent, unless such examination and signature are waived by the deponent. Upon request by any party, the testimony recorded at a deposition shall be transcribed. If the Presiding Officer determines that an answer does not comply with the requirements of this section, he/she may order that the matter be deemed admitted or that an amended answer be served. The party who has requested an admission may move to determine the sufficiency of any answer or objection in accordance with § 1025.36 of these Rules. ![]() A party who considers that a matter to which an admission has been requested presents a genuine issue for hearing may not, on that ground alone, object to the request but may deny the matter or set forth reasons why the party cannot admit or deny it. ![]() An answering party may not give lack of information or knowledge as a reason for failure to admit or deny a fact unless the party states that he/she has made reasonable inquiry and that the information known or readily available to him/her is insufficient to enable him/her to admit or deny a fact. When good faith requires that a party qualify an answer or deny only a part of the matter to which an admission is requested, the party shall specify the portion that is true and qualify or deny the remainder. A denial shall fairly meet the substance of the requested admission. The answer shall specifically admit or deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. The matter about which an admission is requested will be deemed admitted unless within thirty (30) days after service of the request, or within such shorter or longer time as the Presiding Officer may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or the party's representative and stating the reasons for the objections.
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