N.Y. Civil Practice Law & Rules Section 3115
Objections to qualification of person taking deposition

  • competency
  • questions and answers
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.

Source: Section 3115 — Objections to qualification of person taking deposition; competency; questions and answers, https://www.­nysenate.­gov/legislation/laws/CVP/3115 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

3101
Scope of disclosure 3102
Method of obtaining disclosure 3103
Protective orders 3104
Supervision of disclosure 3105
Notice to party in default 3106
Priority of depositions 3107
Notice of taking oral questions 3108
Written questions 3109
Notice of taking deposition on written questions 3110
Where the deposition is to be taken within the state 3111
Production of things at the examination 3112
Errors in notice for taking depositions 3113
Conduct of the examination 3114
Examination of witness who does not understand the English language 3115
Objections to qualification of person taking deposition 3116
Signing deposition 3117
Use of depositions 3118
Demand for address of party or of person who possessed an assigned cause of action or defense 3119
Uniform interstate depositions and discovery 3120
Discovery and production of documents and things for inspection, testing, copying or photographing 3121
Physical or mental examination 3122
Objection to disclosure, inspection or examination 3122‑A
Certification of business records 3122‑B
Certification of insurance disclosure 3123
Admissions as to matters of fact, papers, documents and photographs 3124
Failure to disclose 3125
Place where motion to compel disclosure made 3126
Penalties for refusal to comply with order or to disclose 3130
Use of interrogatories 3131
Scope of interrogatories 3132
Service of interrogatories 3133
Service of answers or objections to interrogatories 3140
Disclosure of appraisals in proceedings for condemnation, appropriation or review of tax assessments
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Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 3115’s source at nysenate​.gov

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