Is it improper to object 257 times in a deposition.

  Photo:  Nala Objecting

Photo:  Nala Objecting

The Tale of Mr. T has one more chapter.  Following part 2 of his deposition, I am on a seminar panel for AAJ in Montreal along with Federal Judge Bennett.   He is talking about his now famous order sanctioning a national defense firm for deposition abuse.  His speech is exceptional.  He urges us to not be content with the minimum bar set by court rules .  To strive for a higher ethical standard.  He is inspirational on so many levels.

As he's talking, I'm thinking - hey.  I just suffered through that.

In Mr. T's secnd deposition, new defense counsel objected excessively.  It is so notable that after the transcript arrives, John counts them and re-counts them.  257  by this defense attorney (not including the objections from Mr. T's personal attorney).  In a transcript that is only 150 pages long.

I have plenty on my plate.  But am moved by Judge Bennett's call that we insist upon protecting the integrity of our proceedings.  So I stay up late and write a motion to strike and remove those objections and to have the defense pay the cost to edit the video.   This is met with a vehement response from defense counsel.  Charging that the motion is frivolous and " an inappropriate and mean spirited personal attack on defense counsel and another attempt by Plaintiffs to turn this into a side show."

Ultimately The court partially grants and partially denies the motion:

Ins. Co is correct that parties have not met and conferred, insofar as they have not designated which part of deposition will actually be used at trial.  Court will not strike all objections by Ins. Co; although many of the "asked and answered" might be sustained, many of the "form" objections would be denied.  Until record is determined, court's ruling would be confusing.  After record if finalized, costs of editing will be shared on this video dep.

The table has now been set.  This counsel and I have one more deposition to finish.  Will she heed the lessons inherent in the court's ruling.  Or will she not.  Stay tuned.

Motion and OrderSKMBT_C55215081913590