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Los Angeles County Bar Association
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Halting the Deposition
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Before you halt the deposition, make sure the record reflects any offensive comments or conduct by opposing counsel that can be used as the basis for a motion before the court. For example, if opposing counsel employs gestures, make sure you identify them for the record: "Despite my numerous protests, opposing counsel continues to nod his head to coach his client yes or no to my questions." You may also choose to keep all your conversations with opposing counsel on the record.

If you anticipate that your questions may result in this type of confrontation, be prepared.  Discuss this issue with the partner on the case and the strategy to employ.  Print out a copy of Code of Civil Procedure Section 2025(m)(4) and attach it to your outline, having studied the requirements beforehand.  If the deposition reaches this point, you have two choices.  First, you could agree to ask non-objectionable questions and preserve on the record the objectionable questions for a later motion.  Second, if the circumstances warrant it, you can halt the deposition pursuant to this section, citing the code on the record and the reasons for doing so.  You may want to prepare this portion in writing, as well.

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