Rules


Rules

	Part & Title:

	200
	Uniform Rules for Courts Exercising Criminal Jurisd.

	201
	[Reserved]

	202
	Uniform Civil Rules for the Supreme Court and County Court

	203
	[Reserved]

	204
	[Reserved]

	205
	Uniform Rules for the Family Court

	206
	Uniform Rules for the Court of Claims

	207
	Uniform Rules of the Surrogate's Court

	208
	Uniform Rules for the New York City Civil Court

	209
	[Reserved]

	210
	Uniform Civil Rules for the City Courts Outside of NYC

	211
	[Reserved]

	212
	Uniform Civil Rules for the District Courts

	213
	[Reserved]

	214
	Uniform Civil Rules for the Justice Courts

	215
	Use of Recycled Paper

	216
	Sealing of Court Records in Civil Actions in the Trial Courts

	217
	Access To Court Interpreter Services for Persons With Limited English Proficiency

	218
	Uniform Rules for the Trial Courts in Capital Cases

	219
	[Reserved]

	220
	Uniform Rules for Jury Selection and Deliberation

	221
	Uniform Rules for the Conduct of Depositions

Uniform Rules for N.Y.S. Trial Courts

PART 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS

221.1 Objections at Depositions
221.2 Refusal to answer when objection is made
221.3 Communication with the deponent

§221.1 Objections at Depositions

(a) Objections in general. No objections shall be made at a deposition except those which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and except in compliance with subdivision (e) of such rule. All objections made at a deposition shall be noted by the officer before whom the deposition is taken, and the answer shall be given and the deposition shall proceed subject to the objections and to the right of a person to apply for appropriate relief pursuant to Article 31 of the CPLR.

(b) Speaking objections restricted. Every objection raised during a deposition shall be stated succinctly and framed so as not to suggest an answer to the deponent and, at the request of the questioning attorney, shall include a clear statement as to any defect in form or other basis of error or irregularity. Except to the extent permitted by CPLR Rule 3115 or by this rule, during the course of the examination persons in attendance shall not make statements or comments that interfere with the questioning.

Added Part 221 Oct. 1, 2006

§221.2 Refusal to answer when objection is made

A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an order of a court, or (iii) when the question is plainly improper and would, if answered, cause significant prejudice to any person. An attorney shall not direct a deponent not to answer except as provided in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to answer shall be accompanied by a succinct and clear statement of the basis therefor. If the deponent does not answer a question, the examining party shall have the right to complete the remainder of the deposition.

§221.3 Communication with the deponent

An attorney shall not interrupt the deposition for the purpose of communicating with the deponent unless all parties consent or the communication is made for the purpose of determining whether the question should not be answered on the grounds set forth in section 221.2 of these rules and, in such event, the reason for the communication shall be stated for the record succinctly and clearly.

Web page updated: March 11, 2009 - www.NYCOURTS.gov