Typically, in a civil case, depositions are taken. This is part of the "discovery" process. Each side has the right to take a deposition of the opposing party to discover, or find out, what information they know and what their testimony would be at trial. It is a question and answer session under oath which is transcribed into a written transcript by a 'stenographer' (court reporter). Often, depositions of witnesses are also done to learn what they know.
Usually, most objections are reserved until trial. This means that both sides agree to hold off on most objections until the case went to court. But, some objections are made at depositions. These typically include objections to the "form" of the question (for example: repeat questions, compound questions) or objections that the question asks for "privileged" information (examples: the questioning lawyer can't ask for what the person discussed with their own lawyer - that is protected by attorney-client privilege).
When making an objection, the objecting lawyer is not supposed to give a "speaking Objection". This means that they are supposed to simply announce they are objecting and what the basis of the objection is. For example, "Objection, calls for compound question". The lawyer is not supposed to go into a long explanation which may suggest or tip off an answer to the witness - that is improper.
If you are scheduled to give a deposition and you are a "party" to a lawsuit, your lawyer should meet with you before the deposition to explain the process and what to expect as well as go over what questions you may be asked. If you are witness and are not a party to the case, you have the right to have a lawyer with you, although, in a civil case, that is usually not necessary. You may want to contact a lawyer for advice on that if you are served with a subpoena.
David E. Schreiber, Esq.
Wolpert Schreiber P.C.
(610) 792-3304
www.PAinjurycase.com
