(A) At the beginning of each deposition, deposing counsel shall instruct the
witness to ask deposing counsel, rather than the witness’s own counsel, for
clarifications, definitions, or explanations of any words, questions, or
documents presented during the course of the deposition. The witness shall
abide by these instructions.
(B) All objections shall be preserved, except (1) those that would be waived if
not made at the deposition under Fed. R. Civ. P. 32(d)(3); and (2) those
necessary to assert a privilege, to enforce a limitation directed by the court,
or to present a motion pursuant to Fed. R. Civ. P. 30(d).
(C) Counsel shall not direct or request that a witness not answer a question,
unless that counsel has objected to the question on the ground that the
answer is protected by a privilege18 or a limitation on evidence directed by
the court or unless that counsel intends to present a motion under Fed. R.
Civ. P. 30(d)(1). In addition, counsel shall have an affirmative duty to
inform their clients that unless such an objection is made, the question must
be answered. Counsel directing that a witness not answer a question on
The restrictions and requirements in this rule relating to counsel are applicable to any person
who is conducting or defending a deposition, including a pro se litigant. Participants are also
subject to similar restrictions applicable to “any person” under Fed. R. Civ. P. 30.
For purposes of this rule, the term “privilege” includes, but is not limited to, attorney-client
privilege, work product protection, and trade secret protection.
those grounds or allowing their clients to refuse to answer a question on
those grounds shall move the court for a protective order under Fed. R. Civ.
P. 26(c) or 30(d)(3) within seven (7) days of the suspension or termination
of the deposition. Failure to timely file such a motion will constitute waiver
of the objection, and the deposition may be reconvened.
(D) Counsel shall not make objections or statements that might suggest an
answer to a witness. Counsel’s objections shall be stated concisely and in a
non-argumentative and non-suggestive manner, stating the basis of the
objection and nothing more.
(E) Counsel and witnesses shall not engage in private, “off the record”
conferences during depositions or during breaks or recesses regarding the
substance of the testimony at the deposition, except for the purpose of
deciding whether to assert a privilege or to make an objection or to move for
a protective order.
(F) Any conferences that occur pursuant to, or in violation of, Local Civ. Rule
30.04(E) (D.S.C.) are proper subjects for inquiry by deposing counsel to
ascertain whether there has been any witness coaching and, if so, to what
extent and nature.
(G) Any conferences that occur pursuant to, or in violation of, Local Civ. Rule
30.04(E) (D.S.C.) shall be noted on the record by the counsel who
participated in the conference. The purpose and outcome of the conference
shall be noted on the record.
(H) Deposing counsel shall provide to opposing counsel a copy of all documents
to be shown to the witness during the deposition, either before the
deposition begins or contemporaneously with the showing of each document
to the witness. If the documents are provided (or otherwise identified) at
least seven (7) days before the deposition, then the witness and the witness’s
counsel do not have the right to discuss the documents privately during the
deposition. If the documents have not been so provided or identified, then
counsel and the witness may have a reasonable amount of time to discuss
the documents before the witness answers questions concerning the
document.
(I) If an objecting party or deponent demands, after good faith consultation
pursuant to Local Civ. Rule 7.02 (D.S.C.), that the deposition be suspended
pursuant to Fed. R. Civ. P. 30(d), the assigned judge’s office shall be
contacted to allow that judge to resolve the matter telephonically, if
possible. If the assigned judge is not available, that judge’s standing
instructions for resolution of such matters, which may include referral to a
magistrate judge or another judge, shall be followed. These instructions
shall be available from the judge’s chambers and the clerk of court.
(J) Violation of this rule shall be deemed to be a violation of a court order and
shall subject the violator to sanctions under Fed. R. Civ. P. 37(b)(2).
DEPOSITIONS UPON WRITTEN QUESTIONS
