Depositions are to the outcome of a lawsuit what a foundation is to a building—lay it out properly and you have all the support you need for success. An improperly taken deposition, however, like a weak building foundation, can result in a crumbling disaster. Many practitioners believe that a deposition can make or break a case, and therefore, knowledge of the governing rules, together with careful planning and thorough preparation are pivotal to conducting a productive deposition and consequently, a successful case.
The rules governing the conducting of depositions are set forth in CPLR §§3101-3117. Effective Oct. 1, 2006, a new section of the Uniform Rules for Trial Courts, Part 221, titled “Uniform Rules for the Conduct of Depositions” was added. These “new” rules, if followed, are designed to provide for a wide range of uninterrupted questioning: “A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an order of a court, or (iii) when the question is plainly improper and would, if answered, cause significant prejudice to any person.”
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