Section 4.53 Objections to Competency, Relevancy, or Materiality

• Library: Discovery 2015

If an objection directed at the competency of the witness or the competency, relevancy, or materiality of the testimony could not have been obviated or removed during the deposition, the objection may be made when the deposition is offered at trial. Rule 57.07(b)(4). Thus, if no additional evidence or testimony during the deposition could have established the competency, relevancy, or materiality, the objection is available for use at trial. Roeder v. Aetna Life & Cas. Co., 738 S.W.2d 938, 943–45 (Mo. App. W.D. 1987). But if the objection is one that may have been obviated or cured had it...