There are no rulings on the three types objections in litigation depositions: form, non-responsive, and leading in a deposition. They are simply a note to come back to the objection, for a ruling later, from the court. Below, we will discuss each of these three possible objections.

If an attorney feels like there is an issue with a question asked, they will object to “form” due to the question not being admissible at trail. Following, are several reasons why an attorney will object to form:

• It’s an argumentative question;
• It is a compound question;
• Part of the question mis- states some fact or testimony;
• The attorney is attempting to testify;
• The question assumes facts not in evidence;
• The question calls for an opinion from an unqualified witness;
• The question calls for speculation;
• The question calls for a narrative;
• The question is harassing and/or oppressive;
• The question is too general or vague;
• The question involves an incomplete hypothetical;
• The question has already been asked and answered;
• There is a lack of foundation for the question; and
• The witness would not have personal knowledge to be able to answer.
  

When a witness is questioned, they are expected to provide an answer to the question asked. If the witness starts to go off on a tangent or simply avoids answering the question, an attorney will use the objection non-responsive. This prevents the witness from getting out of answering in correct form.

In a deposition, or a direct examination, questions are limited to those that do not present a lead to the witness. In other words, if an attorney is asking a question that lays foundation for a specific answer to be given based off of the question, this would be considered leading.

If you are being deposed, its crucial that you intently listen to each question being asked and deliver an appropriate answer. This will allow you to ensure that you are answering to the best of your ability and that the attorneys have an opportunity to object if need be. If an attorney makes an objection, it should alert the witness that there is an issue with the question, and they should answer carefully. To be noted, if an objection is made, the witness must still answer the question.

Additionally, as an attorney, the three objections listed above are the only ones permitted during a deposition in the Texas state court under the Texas Rules of Civil Procedure. It’s wise to know when and why one may use them.