Can a Deposition Be Thrown Out? Invalid Depositions Explained

As an attorney, you’re well aware of the vital role depositions play in the discovery process. They help build your case, provide valuable insights, and sometimes serve as the foundation for trial strategy. But what happens if a deposition goes wrong? Can a deposition be thrown out? What happens if a deposition is deemed invalid?

In this blog post, we’ll break down the circumstances under which a deposition can be thrown out, the legal process behind it, and what you can do to ensure your depositions stand up to scrutiny in court.

What Is a Deposition?

Before we dive into the legal nuances, let’s make sure we're all on the same page about what a deposition actually is. A deposition is a sworn, out-of-court testimony given by a witness or party involved in a case. It is part of the discovery process, where attorneys ask questions to gather information about the case.

Depositions are typically conducted by attorneys from both sides of a lawsuit, and a court reporter transcribes the entire proceeding. These transcriptions can later be used in court to support or dispute claims made by the parties involved.

Can a Deposition Be Thrown Out?

Yes, depositions can be thrown out, but it’s not something that happens every day. Invalid depositions can occur for a variety of reasons, and a judge may rule that certain parts (or the entire deposition) are inadmissible or irrelevant to the case. Here are some of the most common reasons why a deposition might be invalidated or thrown out:

1. Improper Notice or Lack of Proper Service

Depositions require proper notice, and if a party fails to give the required notice or serve it properly, the deposition may be invalid. This could happen if you didn't notify the opposing party in advance or if the notice didn’t meet the legal standards.

For example, most jurisdictions require that the notice of deposition be served with enough time for the witness to prepare, and any failure to do so could lead to the deposition being thrown out. Always check local rules to ensure compliance.

2. Failure to Follow Court Orders

If a judge has issued a ruling regarding the deposition process, whether it's about time limits, questioning procedures, or the presence of certain individuals, failing to adhere to these orders can make the deposition invalid. Violating a court’s directions could give the other side the opportunity to file a motion to dismiss or exclude the deposition entirely.

3. Incompetence of the Deposition Officer

The deposition officer, typically a court reporter or notary, must adhere to specific standards. If the officer fails to swear in the witness or properly record the proceedings, the deposition might be deemed invalid. Proper documentation of the entire process is crucial.

4. Improper Questioning or Objections

Depositions should follow a particular protocol when it comes to questioning the witness. If questioning exceeds the limits of what’s allowed under the rules of civil procedure or engages in improper tactics (like badgering the witness), the deposition could be subject to exclusion.

For example, if an attorney asks a question that's confusing or designed to intimidate the witness, the opposing attorney might raise an objection. If the question isn’t corrected, the entire deposition could be deemed inadmissible.

5. Irregularities in Transcription

Accuracy is crucial when it comes to deposition transcripts. If the transcription contains errors, omissions, or misstatements, the deposition may be considered invalid, especially if the transcript differs significantly from what actually occurred.

6. Unnecessary Delay or Witness Unavailability

If there’s a substantial delay in taking the deposition or if the witness becomes unavailable due to illness or other unforeseen circumstances, the deposition may be ruled invalid. Courts typically don’t appreciate unnecessary delays, and in cases where a witness can’t appear, alternative methods (such as a written deposition) should be used.

7. Violations of the Rules of Evidence

Even if a deposition is properly conducted, it could be invalid if it violates specific rules of evidence, such as hearsay rules or the exclusion of certain evidence. For example, if a deposition introduces inadmissible hearsay or irrelevant information, the court may choose to disregard parts of it or toss it out entirely.

How to Avoid Invalid Depositions

As an attorney, you want your depositions to be as bulletproof as possible. Here are a few steps to ensure your depositions stay valid:

• Follow All Procedural Rules: Ensure you’re in full compliance with notice requirements, time limits, and local rules of procedure. This helps avoid any technicalities that could lead to a deposition being dismissed.
• Review Your Transcripts Carefully: After the deposition, review the transcript to ensure there are no errors. If anything looks off, immediately bring it to the attention of the court reporter for correction.
• Stick to Relevant Questions: Avoid asking questions that go beyond the scope of what’s necessary for the case. Irrelevant questions can open the door for objections that could ultimately undermine the entire deposition.
• Ensure Proper Witness Handling: Make sure your witnesses are well-prepared for the deposition and aware of the process, including understanding their rights and the legal obligations of the situation.

Conclusion

Depositions are a critical part of litigation, but like anything in law, they come with specific rules and regulations that must be followed. Understanding when and why a deposition can be thrown out is key to ensuring that the valuable information you’ve gathered doesn’t end up being excluded from the case. Always be thorough in your preparation, follow all legal guidelines, and be mindful of procedural details to avoid having a deposition invalidated.

Invalid Depositions FAQ

Can a deposition be thrown out if it was taken incorrectly?

Yes, a deposition can be thrown out if it was conducted incorrectly. This can include improper notice, failure to adhere to court orders, or errors in the deposition process, such as mistakes by the deposition officer.

What can happen if a deposition is deemed invalid?

If a deposition is invalid, the court may exclude it from evidence, which could impact the case. In some situations, the opposing party may file a motion to exclude the deposition entirely, potentially damaging your case.

Can a deposition be thrown out for irrelevant questioning?

Yes, if the questioning during a deposition is irrelevant to the case at hand or violates rules of evidence (such as asking hearsay questions), the deposition could be invalidated, and certain parts of it may be excluded from the case.

Can I use a deposition in court if it was taken incorrectly?

If a deposition is deemed invalid, it typically cannot be used in court. You may need to take a new deposition or provide alternative evidence to support your case.

How can I ensure my depositions are not thrown out?

To ensure your depositions stand up in court, make sure to follow all legal requirements for notice, adhere to court orders, prepare your witnesses thoroughly, and ask relevant and legally appropriate questions. Additionally, carefully review the deposition transcripts to catch any errors before they become an issue.