FCC 1.319 Revised as of December 4, 2012
Goto Year:2011 |
§ 1.319 Objections to the taking of depositions.
(a) Objections to be made by motion prior to the taking of depositions.
If there is objection to the substance of any interrogatory or to
examination on any matter clearly covered by the notice to take
depositions, the objection shall be made in a motion opposing the
taking of depositions or in a motion to limit or suppress the
interrogatory as provided in § § 1.315(b) and 1.316(d) and shall not be
made at the taking of the deposition.
(b) Objections to be made at the taking of depositions. Errors and
irregularities occurring at the oral examination in the manner of
taking the deposition, in the form of the questions or answers, in the
oath or affirmation, or in the conduct of parties, and errors of any
kind which might be obviated, removed, or cured if promptly presented,
are waived unless reasonable objection thereto is made at the taking of
the deposition. If such objection is made, counsel shall, if possible,
agree upon the measures required to obviate, remove, or cure such
errors. The measures agreed upon shall be taken. If agreement cannot be
reached, the objection shall be noted on the deposition by the officer
taking it, and the testimony objected to shall be taken subject to the
(c) Additional objections which may be made at the taking of
depositions. Objection may be made at the taking of depositions on the
ground of relevancy or privilege, if the notice to take depositions
does not clearly indicate that the witness is to be examined on the
matters to which the objection relates. See paragraph (a) of this
section. Objection may also be made on the ground that the examination
is being conducted in such manner as to unreasonably annoy, embarrass,
or oppress a deponent or party.
(1) When there is objection to a line of questioning, as permitted by
this paragraph, counsel shall, if possible, reach agreement among
themselves regarding the proper limits of the examination.
(2) If counsel cannot agree on the proper limits of the examination the
taking of depositions shall continue on matters not objected to and
counsel shall, within 24 hours, either jointly or individually,
telegraph statements of their positions to the presiding officer,
together with the telephone numbers at which they and the officer
taking the depositions can be reached, or shall otherwise jointly
confer with the presiding officer. If individual statements are
submitted, copies shall be provided to all counsel participating in the
taking of depositions.
(3) The presiding officer shall promptly rule upon the question
presented or take such other action as may be appropriate under
§ 1.313, and shall give notice of his ruling, by telephone, to counsel
who submitted statements and to the officer taking the depositions. The
presiding officer shall thereafter reduce his ruling to writing.
(4) The taking of depositions shall continue in accordance with the
presiding officer's ruling. Such rulings are not subject to appeal.
[ 33 FR 463 , Jan. 12, 1968]
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