What to when an attorney who is defending a deposition is trying to coach the witness with long speaking objections. How do you handle? What to do if the attorney persists even after being warned?

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1. Tell them if they do it again, you’ll call the judge and 2. Call the judge when they inevitably do it again.

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I’m in California too and have had this happen on more than one occasion.

I use the three strikes approach. The first time OC does it state your objection briefly and precisely, tell OC that that’s the first strike, and that on the third strike you’re going to suspend the depo and file a motion to complete it at the courthouse. OC will then make a long, obnoxious speech. Ignore it. Do not respond. Just ask your next question.

The second time OC does it, look him in the eye and say “Counsel, that’s strike two.” Ignore any response and ask another question.

The third time — and the objection HAS TO BE EGREGIOUS — say “That’s strike three. We are suspending the deposition and will continue it under an appropriate court order.” Ignore any response, gather your stuff, and walk out. Then file a brief, polite motion. If the conduct was over the line the judge will remedy it.

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Attorney saying “I don’t understand your question” prompting the witness to follow suit Or saying to the witness after the witness finishes the answer “is your answer finished, or do you have anything else to add”

Call a judge

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If it is really bad, stop and file a protective order.

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Mark the record, suspend the deposition and move to compel responses with a request for sanctions or stop the deposition and call the judge.

Object with specificity on the record.

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