Under Rule 30(c)(2), counsel may instruct a deponent not to answer only to preserve a privilege, to enforce a court-ordered limitation, or to present a motion to terminate or limit the deposition.
Any other instruction is improper.
Alternative Names:
Instructing the Witness, Directing Not to Answer
Why it Matters?
The three permitted grounds are exhaustive, so instructing a witness not to answer because a question is irrelevant, harassing, or outside the noticed topics is improper regardless of how objectionable the question is. Counsel who instruct on other grounds face motions to compel with fee-shifting, and the pattern supports sanctions. Where a question is genuinely abusive, the remedy is suspending to seek a protective order rather than instructing.
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Frequently asked questions
On what grounds may counsel instruct a witness not to answer?
What is the remedy for an abusive question?
