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This entry was published on 2014-09-22
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SECTION 3115
Objections to qualification of person taking deposition; competency; questions and answers
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 31
Rule 3115. Objections to qualification of person taking deposition;
competency; questions and answers. (a) Objection when deposition
offered in evidence. Subject to the other provisions of this rule,
objection may be made at the trial or hearing to receiving in evidence
any deposition or part thereof for any reason which would require the
exclusion of the evidence if the witness were then present and
testifying.

(b) Errors which might be obviated if made known promptly. Errors and
irregularities occurring at the oral examination in the manner of taking
the deposition, in the form of the questions or answers, in the oath or
affirmation, or in the conduct of persons, and errors of any kind which
might be obviated or removed if objection were promptly presented, are
waived unless reasonable objection thereto is made at the taking of the
deposition.

(c) Disqualification of person taking deposition. Objection to the
taking of a deposition because of disqualification of the person by whom
it is to be taken is waived unless made before the taking of the
deposition begins or as soon thereafter as the disqualification becomes
known or could be discovered with reasonable diligence.

(d) Competency of witnesses or admissibility of testimony. Objections
to the competency of a witness or to the admissibility of testimony are
not waived by failure to make them before or during the taking of the
deposition, unless the ground of the objection is one which might have
been obviated or removed if objection had been made at that time.

(e) Form of written questions. Objections to the form of written
questions are waived unless served in writing upon the party propounding
the questions within the time allowed for serving succeeding questions
or within three days after service.