Instructing the Witness Not to Answer a Question

• Author: Joseph A. Ranney
• Pages: 97-108

16-1

Chapter 16

Instructing the Witness Not to Answer a Question

I. LEGAL PRINCIPLES

§16:01 Must the Witness Answer Every Question?

§16:02 Avoid Blanket Instructions Not to Answer

§16:03 When to Adjourn the Deposition and Move for a Protective Order: Irrelevant and Harassing Questions

§16:04 When to Adjourn the Deposition and Move for a Protective Order: Dispute Over Critical Questions

§16:05 Consequences of an Erroneous Instruction Not to Answer

§16:06 How to Handle a Witness Who Is Out of Control

[§§16:07-16:09 Reserved]

II. OBJECTIONS AND INSTRUCTIONS NOT TO ANSWER

§16:10 Objections and Instructions Not to Answer: Protecting a Privilege

§16:11 Objections and Instructions Not to Answer: Preserving Court-Ordered Limitations on Disclosure

§16:12 Objections and Instructions Not to Answer: Irrelevant, Burdensome, or Harassing Questions

§16:13 Objection and Instruction Not to Answer: Lack of Foundation

§16:14 Objection and Instruction Not to Answer: Documents or Events With Which the Witness Is Not Familiar

III. FORMS AND CHECKLISTS

Form 16-1 Checklist: Factors to Consider in Deciding Whether to Instruct the Witness Not to Answer

Form 16-2 Checklist: Steps to Be Taken Before Adjourning a Deposition

Form 16-3 Checklist: Steps to Be Taken in Adjourning the Deposition and Moving for a Protective Order

Form 16-4 Motion for a Protective Order

Form 16-5 Brief in Support of Motion for Protective Order

Form 16-6 Declaration in Support of Motion for Protective Order

Form 16-7 Order Denying Motion to Compel and Granting Protective Order