If at first you don't succeed... moving to stop improper deposition objections

  Photo:  Dan wore this outfit to our last attorney meeting.  I want his shirt.

Photo:  Dan wore this outfit to our last attorney meeting.  I want his shirt.

Ms. A (she of the 257 objections ) is defending another deposition.  This time of an electrical expert.  Her stream of objections has not changed course since Mr. T's deposition.

I challenge her on the record.  This is to satisfy CR 26i should I decide to bring a motion:

K3:  What's wrong with the form?  I think you're being abusive with the objections.

A:  You're not setting a foundation, you're just saying -- you're making conclusory statements and then asking him about it.  He has nothing to say that --

K3:  I mean, what the heck was wrong with that question?  The foundation was page is 118, we've been talking about it.  I don't understand.  I want your objections to slow down or stop, I don't want them to continue.  So if you want to educate me with what was wrong with that question --

A:  I just did.

K3:  I just heard it.  It as a clear question and it was a clear answer, and you objected for no reason.

On top of that, it turns out the defense has forgotten to provide me with 8 of the 9 CD Roms of material provided by the expert.  We recess. I bring a motion for "order instructing defense counsel to cease interfering in deposition with improper 'form' objection."

In response, the defense charges that I have filed a frivolous motion, made for the improper purpose of harassment, and requests $2,000 in sanctions.

This ticks me off.  Makes me upset.  Makes me think bad things. And even makes me worry.  Am I out of my mind.  Don't I know the difference between a good and bad objection.  Will the court be upset that I've brought another deposition abuse motion.  No - I need to bring this motion.   If I don't she's going to continue to think she's doing it right.

I go for a run.

I did not ask for sanctions when I filed this motion.  Didn't ask for anything other than an order telling the defense attorney to knock it off.  I'm going to stay on high ground.  Not stoop to swing back.  I write the reply brief in as calm a tone as I can muster.

The Court grants my motion and also elaborates as follows:

"The court grants the motion that motions (sic she means objections) as to form are too indefinite at times to rule on and interfere with the flow of questions and answers.  (The court notes that Mr. L's materials were woefully incomplete which is a much more serious matter of delay and confusion, violating prior orders of the court).  Plaintiff's first example ("when was the first time") is well founded.  The second example, ("well you asked him") is not well taken as abusive, because the witness didn't know if it was volunteered or asked.  But, SO WHAT!!

Save your strength for something important.  "Form" objections are not helpful to parties or court and can lead to confusion or coaching.  Objections such as foundation, compound, asked and answered, and vague are permissible.  Defendants shall pay expenses of this re-do continuation of Mr. L's deposition."

Motion and Order:  SKMBT_C55215082111290