Information, not advice. This guide describes common practice for litigation staff. It is not legal advice. Rules differ by jurisdiction, court and judge, and orders in your case can change them. Check what governs your matter and ask your supervising attorney.
How designations work
In federal court, Rule 26(a)(3)(A)(ii) calls for a pretrial designation of the witnesses whose testimony a party expects to present by deposition. Unless the court orders otherwise, that disclosure is due at least 30 days before trial, and objections to the admissibility of the designated testimony are due within 14 days after (Rule 26(a)(3)(B)). Rule 32(a) says when a deposition may be used, for example against a party, or for a witness the court finds unavailable. Scheduling and pretrial orders often change the dates and prescribe a chart.
If a party offers only part of a deposition, Rule 32(a)(6) lets an adverse party require it to introduce other parts that in fairness should be considered with the part introduced. That is the source of counter-designations. State rules and evidence rules have their own versions.
How a designation is built
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Gather the record
The certified transcript, any errata, the exhibits the testimony refers to, and any rulings that affect what may be read.
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Find the passages
Use search and your summary to locate the testimony. Write each passage as a start and an end, page:line to page:line.
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Set the boundaries
Start at the first line of the question and end at the last line of the answer. Do not start mid-answer. Objections inside the range are usually shown with it so the court can rule; follow the judge's directions. See objections in transcripts.
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Fill the chart
Typical columns are the witness, the designation, the designating party and a short subject label, with room for objections and responses. Use the judge's form if there is one.
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Respond to the other side's list
Object by range and ground, and add counter-designations by range. Keep ranges in transcript order and avoid overlaps.
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Reconcile with video and exhibits
Video clips are cut to the same ranges, and every exhibit mentioned in a range should be on the exhibit list. See building an exhibit index.
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Check every range against the certified transcript
Read the first and last line of each range, and check again after any change to the pages.
A sample designation chart
| Witness | Designation | Subject | Objection | Counter-designation |
|---|---|---|---|---|
| Smith | 2:18–3:1 | Exhibit 1 identified; signing (the range includes counsel's form objection at 2:24) | None entered | None |
| Smith | 3:2–5 | Schedule B and reliance on others | Entered by the other side, with its ground | 3:6–8, offered by the other side |
| Smith | 3:18–24 | Retention of, and access to, acknowledgments | None entered | None |
What goes wrong
- Starting or ending mid-answer. A range that begins in the middle of an answer, or stops before the witness finishes, invites a counter-designation.
- Dropping the objection. If an objection or an instruction not to answer falls inside the range, the court may need to see it to rule. Follow the judge's directions on how it is read.
- Off-by-one lines. A line number that slipped by one in a copy, or in a cite taken from a rough draft, changes the words that are read.
- Overlaps and early stops. Ranges that overlap are read twice. A range that stops a line early leaves a question without its answer.
- Ignoring the errata. If an answer in a range was changed after the deposition, check how the court or the parties want that handled.
- Mismatched video. Clips cut to older ranges do not match the final list. Check the clips and the chart against each other.
How DepoScript helps
DepoScript shows where each turn starts and ends, so a range can begin at the first line of a question and end at the last line of an answer. The Turns tab lists every turn with its first and last page:line, and the Turns JSON can be downloaded. The Cite tab prints any range as a cite and copies the quotation with its cite. It does not build designation charts, track objections or rulings, or sync text to video. Try the converter. Free: 1 file per day, up to 10 pages, no account. See pricing.
Questions
What is a counter-designation?
Additional testimony from the same deposition that the other side asks to have read with a designated passage, often because it gives context. Federal Rule 32(a)(6) is one source. State rules and the court's order govern in your case.
When are designations due?
The court sets the dates. In federal court Rule 26(a)(3)(B) provides for disclosure at least 30 days before trial unless the court orders otherwise, with objections due 14 days after. Scheduling orders often change both.
Can any deposition be read at trial?
Not for any purpose. In federal court Rule 32(a) lists the conditions, such as use against a party or its officer, or use for a witness the court finds unavailable. State rules differ.
Should a designation include the objections?
Practice and orders vary. The objections inside a range have to be before the court for it to rule on them, so follow the format the judge prescribes.
How precise should the ranges be?
Precise enough that the court and both sides see the same words: from the first line of the question to the last line of the answer.
How do designations work with video?
Clips are usually cut to the same ranges, and the videographer or a trial vendor syncs the text to the video. Confirm that the clip list uses the final ranges.
Where do errata fit in?
If an answer inside a range was changed, check how the court or the parties want that read. See errata sheets explained.
Keep reading
- Objections in transcriptsHow form and substance objections and instructions not to answer appear on the page.
- Errata sheetsReading and signing, the usual timing, and what an errata sheet changes.
- Deposition exhibit indexList each exhibit with where it was marked and discussed, using page:line.
- All twelve guides