Depositions

Court rule affected - MCR 2.306
Adm no. - 2007-09
Issued - 5-30-08
Effective - 9-1-08

1. Adds titles to the subsections

2. Adds the following new subsections to 2.306 (C)(4), now entitled "Objections During Deposition":

(b) An objection during a deposition must be stated concisely in a civil and nonsuggestive manner.
(c) Objections are limited to
(i) objections that would be waived under MCR 2.308(C)(2) or (3), and
(ii) those necessary to preserve a privilege or other legal protection or to enforce a limitation ordered by the court.

3. Adds a new subsection (C)(5):

(5) Conferring with Deponent.
(a) A person may instruct a deponent not to answer only when necessary to preserve a privilege or other legal protection, to enforce a limitation ordered by the court, or to present a motion under MCR 2.306(D)(1).
(b) A deponent may not confer with another person while a question is pending, except to confer with counsel to decide whether to assert a privilege or other legal protection.

4. Adds a new subsection under (D):

(2) Sanctions. On motion, the court may impose an appropriate sanction—including the reasonable expenses and attorney fees incurred by any party—on a person who impedes, delays, or frustrates the fair examination of the deponent or otherwise violates this rule.

5. Renumbers other subsections

Links

Full text | Amendment

Notes

These new provisions follow similar limitations that have been adopted by local court rule in a number of Federal courts. They may change the behavior of some practitioners.

The amendment, issued on June 2, modified the numbering system only.