Can you object in a deposition?
In a deposition, there is no one to make this decision. An objection for irrelevance is only acceptable if the question is clearly way off-topic. In the case where the answer may lead to admissible evidence, irrelevant objections are not proper in depositions.
What is Rifkind?
Rifkind, an attorney, was a longtime friend of a woman whose husband was killed in a plane crash. Rifkind, 22 Cal. App. 4th at 1257. Rifkind undertook to represent the woman and her children against those believed to be responsible for the husband’s death.
What are legal contentions?
Contention means any suit, litigation, judicial or administrative proceeding, claim, arbitration, criminal prosecution, formal investigation, demand letter, warning letter, notice of violation or notice of alleged liability, penalty or fine.
Can you decline a deposition?
If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.
What should you not say in a deposition?
8 Things Not Say During a Deposition
- Never Guess to Answer a Question.
- Avoid Any Absolute Statements.
- Do Not Use Profanity.
- Do Not Provide Additional Information.
- Avoid Making Light of the Situation.
- Never Paraphrase a Conversation.
- Do Not Argue or Act Aggressively.
- Avoid Providing Privileged Information.
What is a legal contention question?
[a question asking] the responding party to take a position, and then to explain and defend that position, with respect to how the law applies to facts . . . [a question asking] parties to spell out the legal basis for, or theory behind, some specified contention.”
Are contention interrogatories allowed in California?
Thus, contention interrogatories are permitted, despite work product doctrine, because the statutes and case law permit them.
What do you need to know about the Rifkind objection?
Rifkind is a case you need to read if you defend depositions. Basically, the Rifkind objection applies to questions asking a deponent to explain his or her contentions in the case. Questions which ask for “each and every basis you contend supports your position” are not appropriate for depositions.
Who was the Attorney for mr.rifkind in his deposition?
His attorney was present to defend the deposition. During the course of the deposition, Mr. Rifkind was asked, and was instructed not to [22 Cal. App. 4th 1258] answer, three categories of questions that later became the subject of Mr. Good’s motion to compel.
What was the issue in Rifkind v.superior court?
Identify any documents that pertain to the facts or witnesses. Mr. Rifkind’s attorney objected to these questions as calling for legal conclusions. He explained that it is unfair to ask a witness at a deposition to determine on his own which facts support a particular affirmative defense, such as the statute of limitations.
What are the contention questions in the Rifkind case?
The contention questions at issue here were in the first category. While the phrasing of these questions varied, they all involved the same three inquiries about Mr. Rifkind’s affirmative defenses: 1. State all facts that support the affirmative defense. 2.