I am not a lawyer; nor do I play one on TV. However I AM curious
and found this article (below) about perpetuation depositions. Interesting tactic. Thought Id share, for the sake of discussion.
Maybe Gitana can chime in. Can a perpetuation deposition taken during a CIVIL case be used in a future CRIMINAL trial?
That asked: My interest went immediately to All objections must be made during the deposition.
http://www.mhgm.com/our-resources/a...-for-the-Prepared-and-Pitfalls-for-the-Unwary
All objections must be made during the deposition.
The unique aspect of 39 I depositions that carries with it the most opportunity and risk depending on your perspective is the requirement that all objections be made during the deposition. All objections to any testimony or evidence taken at the deposition shall be made at the time and noted upon the record.
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Courts rigorously enforce the requirement that all objections be made during the 39 I deposition and that any objection not made will be waived.
The waiver of all objections not made during the 39 I deposition is a significant departure from the procedure in other depositions. The only objections that need to be made during the typical discovery deposition are objections to form and to other errors that might be obviated, removed or cured if an objection was promptly presented.
A further nuance is that parties must object not only to questioning and testimony, but to any other evidence taken at the 39 I deposition. ORCP 39 I(6). We believe this means that any objections one might make at trial to an exhibit such as lack of foundation, prejudice, relevance, or hearsay need to be made as to any offending exhibits or demonstratives offered during the deposition. The failure to object will be a waiver and the 39 I exhibits will be admitted at trial.
