Call now for a FREE Consultation

Available 24/7, Same day return calls

702-4-LAWYER

702-366-9966

  • Home
  • About Us
  • Cases We Handle
    • Personal Injury
      • Overview
      • Car Accidents
      • Bicycle Accidents
      • Bus Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip and Fall Accidents
      • Tourist Accidents
      • Taxi Accidents
      • Ride Sharing Accidents
        • Uber Accidents
        • Lyft Accidents
      • Wrongful Death
      • Overview
      • Traumatic Brain Injuries
      • Assault and Battery
      • Catastrophic Personal Injury
      • Premises Liability
      • Pool Accidents
    • Criminal Cases
      • DUI
      • Domestic Violence
      • Battery
      • Assault
      • Casino Crimes
      • Casino Marker
      • Federal Crime
      • Gun Charges
      • Drug Charges
      • Military Members
  • Client Reviews
  • Fair Fee Guarantee®
  • News & Resources
    • Videos
    • FAQ
    • In The News
    • Blog
    • Scholarship
    • Legal Resources
    • Book
  • Contact Us

  • Home
  • About Us
  • Cases We Handle
    • Personal Injury
      • Overview
      • Car Accidents
      • Bicycle Accidents
      • Bus Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip and Fall Accidents
      • Tourist Accidents
      • Taxi Accidents
      • Ride Sharing Accidents
        • Uber Accidents
        • Lyft Accidents
      • Wrongful Death
      • Overview
      • Traumatic Brain Injuries
      • Assault and Battery
      • Catastrophic Personal Injury
      • Premises Liability
      • Pool Accidents
    • Criminal Cases
      • DUI
      • Domestic Violence
      • Battery
      • Assault
      • Casino Crimes
      • Casino Marker
      • Federal Crime
      • Gun Charges
      • Drug Charges
      • Military Members
  • Client Reviews
  • Fair Fee Guarantee®
  • News & Resources
    • Videos
    • FAQ
    • In The News
    • Blog
    • Scholarship
    • Legal Resources
    • Book
  • Contact Us

Call now for a FREE Consultation

Available 24/7, Same day return calls

702-366-9966

  • Home
  • About Us
  • Cases We Handle
    • Personal Injury
      • Overview
      • Car Accidents
      • Bicycle Accidents
      • Bus Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip and Fall Accidents
      • Tourist Accidents
      • Taxi Accidents
      • Ride Sharing Accidents
        • Uber Accidents
        • Lyft Accidents
      • Wrongful Death
      • Overview
      • Traumatic Brain Injuries
      • Assault and Battery
      • Catastrophic Personal Injury
      • Premises Liability
      • Pool Accidents
    • Criminal Cases
      • DUI
      • Domestic Violence
      • Battery
      • Assault
      • Casino Crimes
      • Casino Marker
      • Federal Crime
      • Gun Charges
      • Drug Charges
      • Military Members
  • Client Reviews
  • Fair Fee Guarantee®
  • News & Resources
    • Videos
    • FAQ
    • In The News
    • Blog
    • Scholarship
    • Legal Resources
    • Book
  • Contact Us
  • drummond firm blog

Clarifying Objections to ‘Form’ During a Deposition in a Nevada Lawsuit or Personal Injury Case

May 15, 2015 by April Drummond

During depositions, some inexperienced counsel simply object by stating “objection, form.” While some jurisdictions allow such a vague objection, Nevada law is clear that such an objection is improper.

Pursuant to Nevada Rule of Civil Procedure [NRCP] 32(d)(3)(B) “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 parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.” (Emphasis added).

Nothing about the text of NRCP 32 suggests that a lawyer preserves the universe of “form” objections simply by objecting to “form.” It is necessary to object at a deposition where the “form” of the question (not the nature of the question) is objectionable and a “seasonable” objection would provide an opportunity to correct the form. See e.g. In re Stratosphere Corp. Securities Litigation, 182 F. R. D. 614 (D. Nev. 1998). [Emphasis added]. In questions to which timely objections should be made during the deposition include those which are leading or suggestive; ambiguous or uncertain; compound; assume facts not in evidence; call for a narration; call for speculation or conjecture; or argumentative. Id.

Objection to “form” is a worthless objection as it does not provide any information to the deposing attorney as to the perceived deficiency in the question to allow correction or re-wording. As noted by In re Stratosphere, an appropriate objection gives the deposing attorney notice of the perceived problem with the question and an opportunity to correct it should they wish.

It is true that “many district courts persist in prohibiting lawyers from saying more than ‘objection to form,’ finding additional comment comprises an improper speaking objection.” See, e.g., Valencia v. City of Santa Fe, No. 12 cv 0137 (D. N.M. 2013). However, that is the rule in the district of New Mexico, not the rule in Nevada. In Nevada, our authority comes from In re Stratosphere, which discusses seasonable objections: It is necessary to object at a deposition where the “form” of the question (not the nature of the question) is objectionable and a “seasonable” objection would provide an opportunity to correct the form. Thus, pursuant to NRCP 32(d)(3)(B) and In re Stratosphere, a parties “form objections” would be unseasonable and improper.

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to share on Google+ (Opens in new window)

Related

Filed Under: Personal Injury [Read More]

    Personal Injury Attorney Near Centennial Hills Hospital Medical Center

    Are you or someone you love receiving medical treatment at Centennial Hills Hospital? Have you been the victim of a motor vehicle accident or sustained personal injury at no fault of your own? Before communicating with a representative from an insurance company, call Drummond Law Firm.  You are entitled to a free consultation and the peace of mind […]

  • [Read More]
  • Injury Lawyers Near Valley Hospital Medical Center

    Are you or someone you love receiving medical treatment at Valley Hospital Medical Center? Have you been the victim of a motor vehicle accident or sustained personal injury at no fault of your own? Before communicating with a representative from an insurance company, call Drummond Law Firm.  You are entitled to a free consultation and the peace of […]

  • [Read More]
  • Personal Injury Lawyers Near Southern Hills Hospital

    Are you or someone you love receiving medical treatment at Southern Hills Hospital? Have you been the victim of a motor vehicle accident or sustained personal injury at no fault of your own? Before communicating with a representative from an insurance company, call Drummond Law Firm.  You are entitled to a free consultation and the peace of mind […]

  • [Read More]
  • Injury Lawyers Near St. Rose Dominican Hospital – Siena Campus

    Are you or someone you love receiving medical treatment at St. Rose Dominican Hospital – Siena Campus? Have you been the victim of a motor vehicle accident or sustained personal injury at no fault of your own? Before communicating with a representative from an insurance company, call Drummond Law Firm.  You are entitled to a free consultation and […]

  • [Read More]
  • Trial Attorneys Near Henderson Hospital

    Are you or someone you love receiving medical treatment at Henderson Hospital? Have you been the victim of a motor vehicle accident or sustained personal injury at no fault of your own? Before communicating with a representative from an insurance company, call Drummond Law Firm.  You are entitled to a free consultation and the peace of mind that […]

  • [Read More]
  • Injury Lawyers Near Desert Springs Hospital

    Are you or someone you love receiving medical treatment at Desert Springs Hospital? Have you been the victim of a motor vehicle accident or sustained personal injury at no fault of your own? Before communicating with a representative from an insurance company, call Drummond Law Firm.  You are entitled to a free consultation and the peace of mind […]

  • [Read More]
  • Injury Lawyers Near Mountain View Hospital

    Are you or someone you love receiving medical treatment at Mountain View Hospital? Have you been the victim of a motor vehicle accident or sustained personal injury at no fault of your own? Before communicating with a representative from an insurance company, call Drummond Law Firm.  You are entitled to a free consultation and the peace of mind […]

  • [Read More]
  • Injury Lawyers Near Summerlin Hospital

    Are you or someone you love receiving medical treatment at Summerlin Hospital? Have you been the victim of a motor vehicle accident or sustained personal injury at no fault of your own? Before communicating with a representative from an insurance company, call Drummond Law Firm.  You are entitled to a free consultation and the peace of mind that […]

  • [Read More]
  • Personal Injury Lawyers Near St. Rose Dominican Hospital – San Martin Campus

    Are you or someone you love receiving medical treatment at St. Rose Dominican – San Martin Campus? Have you been the victim of a motor vehicle accident or sustained personal injury at no fault of your own? Before communicating with a representative from an insurance company, call Drummond Law Firm.  You are entitled to a free consultation and […]

  • [Read More]
  • Personal Injury Lawyers Near St. Rose Dominican – Rose de Lima Campus

    Are you or someone you love receiving medical treatment at St. Rose Dominican – Rose de Lima Campus? Have you been the victim of a motor vehicle accident or sustained personal injury at no fault of your own? Before communicating with a representative from an insurance company, call Drummond Law Firm.  You are entitled to a free consultation […]

  • [Read More]
  • 1
  • 2
  • 3
  • …
  • 8
  • Next Page »

FREE CASE EVALUATION

  • This field is for validation purposes and should be left unchanged.

810 S Casino Center Blvd
Suite 101, Las Vegas, NV 89101

Tel: (702) 366-9966

Fax: (702) 508-9440

  • f
  • tw
  • gp

Copyright © 2018 drummondfirm.com. All Rights Reserved. Privacy Policy | Disclaimer | Sitemap