(1) Scope of Deposition ORCP 36B(1) provides that any matter not privileged may be inquired into during a deposition if reasonably calculated to lead to admissible evidence. This standard will be interpreted broadly by the Tenth Judicial District bench. If unreasonable or bad faith deposition techniques are being used, the deposition may be suspended briefly and a motion to limit pursuant to ORCP 39E may be made and heard by a judge.(2) Objections Most objections are typically reserved until trial. Under ORCP 41C, only errors that can be obviated, removed, or cured are waived unless a reasonable objection is made during the deposition. ORCP 39D creates a mechanism so that the attorney whose question is objected to may accept the objection as an invitation to correct an alleged defect in the question. Rejection of the invitation may result in exclusion of the question and answer at trial. Attorneys should not state anything more than the legal grounds for an objection to preserve the record. Objections should be made without comment to avoid contamination of the answers of the witness. Argument in response to the objection is neither necessary nor desirable. (3) Instructions Not to Answer The only basis for an instruction not to answer a question reasonably calculated to lead to the discovery of admissible evidence is in response to an attempt by the attorney taking the deposition to inquire into an area of privacy, right, privilege, or area protected by the constitution, statute, work product, or questioning amounting to harassment of the witness. Any objection to the form of the question or the responsiveness of the answer can be preserved with a brief objection.
(4) Deposition Disputes The parties should be able to resolve deposition disputes. If the parties have a problem that cannot be resolved without the assistance of the court, they should briefly suspend the deposition and make a motion for court assistance pursuant to ORCP 39E(1).
(5) Pending Questions If a question is pending, it shall be answered before a break is taken, unless the question involves a matter of privacy right, privilege, an area protected the Constitution, statute, or work product.
(6) Persons Present Any party may attend a deposition. Non-party witnesses are excluded at the request of any party.
Amended effective 2/1/2024.