Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Proper Objections at a Personal Injury Deposition

By Kevin G. Faley and Andrea M. Alonso

Historically, New York's Civil Practice Law & Rules (CPLR) ' 3115 has governed the process by which attorneys have objected to questions during an examination before trial. In 2006, however, 22 New York Codes, Rules and Regulations (NYCRR) ' 221.2 became effective and codified some of the objections that had arisen under the previous statute. Section 221.2 states that “[a] deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an order of a court, or (iii) when the question is plainly improper and would, if answered, cause significant prejudice to any person. An attorney shall not direct a deponent not to answer except as provided in CPLR Rule 3115 or this subdivision.” An objection under Section 221.2 must be clearly stated by the witness' counsel in order to preserve it in case of appeal.

In a personal injury action there are four main categories of questions that an attorney can instruct his client not to answer. These categories are: 1) the palpably improper or irrelevant question; 2) privileged communications; 3) a defendant-physician's opinion of the co-defendant's alleged medical malpractice; and 4) the right against self-incrimination. See Palacino v. Brogno, 2013 N.Y. Misc. LEXIS 6843, *7-9 (Sup. Ct., Orange Co. Oct. 22, 2013). The four categories reflect the well-settled “standard governing the appropriate scope of questioning at a deposition [which] is not based on admissibility at trial, but on whether the questioning relates to the controversy and will assist in trial preparation.” Hildebrandt v. Stephan, 42 Misc.3d 719, 724 (Sup. Ct., Erie Co. 2013).

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.