Misconduct includes excessive speaking objections, improper instructions not to answer, coaching, unnecessary interruptions, abusive questioning, and conduct designed to consume time. Rule 30(d)(2) authorizes sanctions.
Sanctions may include fees, additional deposition time, and adverse rulings.
Alternative Names:
Improper Deposition Conduct, Deposition Abuse
Why it Matters?
Documenting misconduct contemporaneously is what makes a sanctions motion viable, since a transcript reviewed afterward for objectionable conduct reads differently than a record where opposing counsel stated the objection to the pattern as it occurred. Noting the time consumed and the specific page and line citations builds the motion during the deposition. Judges are generally receptive where the pattern is documented rather than characterized.
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Frequently asked questions
How should misconduct be documented?
What sanctions are available?
