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 an objection appears on the page
Counsel's lines carry the speaker's name in capitals. In this site's invented sample, the objection is line 2:24 and the witness's answer continues at 2:25 under the label THE WITNESS:.
2:22 Q. Did you sign that agreement on behalf of Northgate?
2:23 A. I did, on June 3, 2022.
2:24 MR. BAKER: Objection. Form. You can answer.
2:25 THE WITNESS: I signed it after our legal department hadA second invented sample, pages 61 to 65, has two more objections and an instruction not to answer, as the Turns list gives them:
Dep. 61:20–21 MR. BAKER: Objection. Form. The document speaks for itself.
Dep. 64:13 MR. BAKER: Objection. Asked and answered.
Dep. 65:10–13 MR. BAKER: I am going to instruct the witness not to disclose the substance of communications with counsel.How to find and log objections
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Search for the objection words
Try “objection”, “form”, “foundation”, “instruct”, “same objection” and “join”. Then read each opposing attorney's lines, since not every objection starts with the word. See searching a transcript.
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Record where it sits
Write the cite of the objection, then the cite of the question before it and the answer after it.
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Copy the ground in the speaker's words
Do not re-label it. “Objection. Form.” and “Objection. Foundation. Calls for speculation.” are different entries.
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Name who objected
Check the appearances page. With several attorneys on one side, the label may be only a surname.
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Note what followed
The answer, a rephrased question, an instruction not to answer or a break. A reporter's parenthetical may mark a pause or a stipulation.
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Carry it into your work
A designation range keeps the objection inside it, and a summary can list objections by topic. Check each cite against the certified transcript.
Common objections and what they point at
| As stated | Points at | How it is commonly treated |
|---|---|---|
| “Objection. Form.” | How the question was put | A form objection. In federal court it can be waived if not timely made (Rule 32(d)(3)(B)). |
| Compound, vague, leading, asked and answered | One named defect in the question | Usually grouped with form. Check how your court treats each ground. |
| Foundation, speculation, legal conclusion | Whether the witness has a basis to answer | Form in some courts, substance in others. |
| Relevance, hearsay | Whether the testimony is admissible | Often left for the court to decide later (Rules 32(b), 32(d)(3)(A)). |
| Privilege; “I instruct the witness not to answer” | Whether the witness should answer at all | In federal court, only to protect a privilege, enforce a court limit or present a Rule 30(d)(3) motion (Rule 30(c)(2)). |
| “Same objection”, “I join” | An earlier ground, repeated or adopted | Read back to find the ground it refers to. |
What goes wrong
- Counting only the word “objection”. Some are “form”, “same objection” or “I join”.
- Quoting an answer without its objection. A quotation that starts at the answer drops the objection that sits before it.
- Reading an objection as a ruling. At a deposition the examination usually continues, with the testimony subject to the objection. A court rules later, if at all.
- Missing the page break. An objection can end one page while the answer begins on the next.
- Wrong attribution. A label that names the wrong attorney, or a surname two lawyers share. Check the appearances.
- Trusting a draft's labels. Speaker labels and wording can change between a rough draft and the certified transcript.
How DepoScript helps
DepoScript writes the page and line on every line and gives each speaker line, such as MR. BAKER:, its own turn and cite, so an objection can be cited apart from the question and answer around it. The Turns tab has a filter for a speaker or a word. It does not classify, count or rule on objections, and it cannot tell whether a ground is proper. Try the converter. Free: 1 file per day, up to 10 pages, no account. See pricing.
Questions
What is the difference between a form and a substance objection?
Form objections go to how a question or answer is put, such as compound or vague. Substance objections go to what is asked, such as privilege. Courts do not all sort every ground the same way.
Does the witness answer after an objection?
Usually. Federal Rule 30(c)(2) says the examination proceeds and the testimony is taken subject to any objection. State rules and orders differ.
When can a lawyer instruct a witness not to answer?
Under Federal Rule 30(c)(2), only to preserve a privilege, to enforce a limit ordered by the court, or to present a motion under Rule 30(d)(3). Other courts have their own rules.
What is a speaking objection?
One that adds argument or hints at an answer. Federal Rule 30(c)(2) calls for objections to be stated concisely, in a nonargumentative and nonsuggestive manner, and some judges set stricter limits.
Is an objection waived if nobody makes it at the deposition?
In federal court, Rule 32(d)(3) treats objections to form, and to other errors that could have been corrected then, as waived if not timely made. Objections to competence, relevance or materiality generally are not. State rules vary.
How do I find every objection in a long transcript?
Search several words, then read each opposing attorney's lines. Record every hit as page:line.
Does DepoScript decide which objections are valid?
No. It converts the transcript and lists speaker lines as turns with cites. Whether a ground is proper is for the lawyers and the court.
Keep reading
- Designations for trialPage-line designations, objections and counter-designations, and how the ranges are built.
- Searching a transcriptFind testimony by term, speaker and exhibit, and record every hit as page:line.
- Deposition summary formatsPage-line, topical and narrative summaries, and which reader needs which.
- All twelve guides