deposition question

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deposition question

Postby Anonymous User » Tue Jul 23, 2013 12:13 am

Okay so I'm not sure if this is appropriate for "legal employment" section but figured this is where the lawyers are. (and please excuse the anon use)

I have a deposition in the morning and afraid of the "foundation" objection. How do i avoid it? I'm a bit confused about how you lay foundation for your questions. Or is this only an objection to presentation of documents during a dep?


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Re: deposition question

Postby ExBiglawAssociate » Tue Jul 23, 2013 12:56 am

For documents/things you bring as exhibits, explain why the deponent should be familiar with the document (i.e., it was sent to his/her email address, it has his/her name on it, it was produced from his/her computer hard drive, etc.).

You shouldn't really be bringing things up that are not tied to an exhibit of some kind. If you do this, the other side is much more likely to get a foundation objection sustained, and other objections like, for example, an objection on the basis of vagueness are more likely to be sustained because the other side can argue that the whole conversation is out of context without a document to tie it to. At least try to tie the topic you're discussing to a document in some kind of tangential way.

Also, is this a 30(b)(6) depo you're taking or a 30(b)(1)?

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