Episode 12 - What's the Right Way to Make Form Objections?

You're defending a deposition, and the form of the examining lawyer's questions are improper. What's the correct way to make your form objection? Is it just saying the word "Form"? Or, must you also state the legal basis for your form objection, such as "Form, leading?" Many courts have said that if your objection isn't properly asserted, you've waived it. So, which is it? In this episode, Jim Garrity tells you what courts have said, and he offers practical tips for making sure your objections stick. It's a critical lesson for litigators.SHOW NOTES:This podcast aired before references to full case citations were moved from the episode itself to the show notes. The following authorities were added after the first airing of this episode: ChampionX, LLC. v. Resonance Sys., Inc. No. 3:21-CV-288-TAV-JEM, 2023 WL 11156855, at *6 (E.D. Tenn. Oct. 19, 2023) (citing cases for the proposition that "Generic objections to the form of the question are deemed waived. Fletcher v. Honeywell Int'l, Inc., No. 3:16-CV-302, 2017 WL 775852, at *1 (S.D. Ohio Feb. 28, 2017) (“To the extent that counsel made a generic objection to ‘form,’ but failed to specify the basis for the objection, the Court also considers those objections to be waived.” (citations omitted)); see also Henderson v. B & B Precast & Pipe, LLC, No. 4:13-CV-528 CDL, 2014 WL 4063673, at *1 (M.D. Ga. Aug. 14, 2014) (“[I]f a question is propounded in an improper form, the objection should be stated concisely on the record during the deposition in a manner that provides the questioner with a reasonable opportunity to correct the form of the question. Failure to do so waives the objection. Simply stating “objection to form” does not necessarily preserve the objection.”).