9.15 - 2. Depositions

• Jurisdiction: New York

2. Depositions

“A party desiring to take the deposition of any person upon oral examination shall give to each party twenty days’ notice, unless the court orders otherwise.”²⁰⁹¹ A party must object to any error in the notice of deposition required under CPLR 3107 at least three days before the set date for the deposition to preserve the issue for appellate review.²⁰⁹² A failure to do so waives any objection to the errors and irregularities.²⁰⁹³

Generally, you should object to any question, answer or other occurrence at the deposition that you find objectionable, stating the specific grounds for the objection.²⁰⁹⁴ Notably, objections to the competency of a witness or the admissibility of testimony at a deposition are not waived unless the grounds for such objections could have been cured had counsel objected at that time.²⁰⁹⁵

Also, carefully and promptly read all deposition transcripts. If errors or irregularities are contained therein, you must promptly object to any errors or irregularities that the officer or stenographer committed; otherwise, such errors or irregularities are waived for appellate...