§ 3115. Objections to qualification of person taking deposition; competency; questions and answers.

290 words·~1 min read·/ny/civil-practice-law-rules/disclosure/3115·

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Rule 3115. Objections to qualification of person taking deposition;

competency; questions and answers.

(a)Objection when deposition

offered in evidence. Subject to the other provisions of this rule,

objection may be made at the trial or hearing to receiving in evidence

any deposition or part thereof for any reason which would require the

exclusion of the evidence if the witness were then present and

testifying.

(b)Errors which might be obviated if made known promptly. Errors and

irregularities occurring at the oral examination in the manner of taking

the deposition, in the form of the questions or answers, in the oath or

affirmation, or in the conduct of persons, and errors of any kind which

might be obviated or removed if objection were promptly presented, are

waived unless reasonable objection thereto is made at the taking of the

deposition.

(c)Disqualification of person taking deposition. Objection to the

taking of a deposition because of disqualification of the person by whom

it is to be taken is waived unless made before the taking of the

deposition begins or as soon thereafter as the disqualification becomes

known or could be discovered with reasonable diligence.

(d)Competency of witnesses or admissibility of testimony. Objections

to the competency of a witness or to the admissibility of testimony are

not waived by failure to make them before or during the taking of the

deposition, unless the ground of the objection is one which might have

been obviated or removed if objection had been made at that time.

(e)Form of written questions. Objections to the form of written

questions are waived unless served in writing upon the party propounding

the questions within the time allowed for serving succeeding questions

or within three days after service.