§ 3115 — Objections to qualification of person taking deposition; competency; questions and answers

New York § 3115

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 31: Disclosure

Text

Rule 3115. Objections to qualification of person taking deposition;\ncompetency; questions and answers. (a) Objection when deposition\noffered in evidence. Subject to the other provisions of this rule,\nobjection may be made at the trial or hearing to receiving in evidence\nany deposition or part thereof for any reason which would require the\nexclusion of the evidence if the witness were then present and\ntestifying.\n (b) Errors which might be obviated if made known promptly. Errors and\nirregularities occurring at the oral examination in the manner of taking\nthe deposition, in the form of the questions or answers, in the oath or\naffirmation, or in the conduct of persons, and errors of any kind which\nmight be obviated or removed if objection were promptly presented, are\nwaived unless reasonable objection thereto is made at the taking of the\ndeposition.\n (c) Disqualification of person taking deposition. Objection to the\ntaking of a deposition because of disqualification of the person by whom\nit is to be taken is waived unless made before the taking of the\ndeposition begins or as soon thereafter as the disqualification becomes\nknown or could be discovered with reasonable diligence.\n (d) Competency of witnesses or admissibility of testimony. Objections\nto the competency of a witness or to the admissibility of testimony are\nnot waived by failure to make them before or during the taking of the\ndeposition, unless the ground of the objection is one which might have\nbeen obviated or removed if objection had been made at that time.\n (e) Form of written questions. Objections to the form of written\nquestions are waived unless served in writing upon the party propounding\nthe questions within the time allowed for serving succeeding questions\nor within three days after service.\n