Section 9.18 Depositions

• Library: Sources of Proof (2014 Ed.)

2. (§9.18) Depositions

It should first be noted that objections to the form of the question are waived if not made at the time of the deposition. Rule 57.07(b)(4); Lauck v. Price, 289 S.W.3d 694 (Mo. App. E.D. 2009). Objections to form are those that can be easily remedied by rephrasing the question, such as: compound, vague, leading, and some foundational objections. See, e.g.:

· Goodwin v. Farmers Elevator & Exch., 933 S.W.2d 926 (Mo. App. E.D. 1996)

· Hackman v. Kindrick, 882 S.W.2d 157 (Mo. App. E.D. 1994)

· Seabaugh v. Milde Farms, Inc., 816 S.W.2d 202 (Mo. banc 1991)

· Russell v. Constantino Enters., Inc., 785 S.W.2d 682 (Mo. App. E.D. 1990)

From a procedural standpoint, if a party wants to use a deposition answer given over objection, counsel must get the objection ruled on before it can be used. Arie v. Intertherm, Inc., 648 S.W.2d 142 (Mo. App. E.D. 1983).

It is clear that evidence may be excluded at trial if it was knowingly concealed by a witness during the taking of the deposition. See Thomas v. Fitch, 435 S.W.2d 703 (Mo. App. S.D. 1968). There is, however, conflicting caselaw as to whether testimony may be prohibited because the deposition testimony of a party was not supplemented to reflect the new or changed information. The Eastern and Western Districts have suggested that a...