§ 1.319   Objections to the taking of depositions.

   (a) Objections to be made by motion prior to the taking of depositions. If
   there is objection to the substance of any interrogatory or to examination
   on  any  matter clearly covered by the notice to take depositions, the
   objection shall be made in a motion opposing the taking of depositions or in
   a motion to limit or suppress the interrogatory as provided in § § 1.315(b)
   and 1.316(d) and shall not be made at the taking of the deposition.

   (b)  Objections  to  be  made at the taking of depositions. 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 parties, and errors of any kind which
   might be obviated, removed, or cured if promptly presented, are waived
   unless reasonable objection thereto is made at the taking of the deposition.
   If  such objection is made, counsel shall, if possible, agree upon the
   measures required to obviate, remove, or cure such errors. The measures
   agreed upon shall be taken. If agreement cannot be reached, the objection
   shall be noted on the deposition by the officer taking it, and the testimony
   objected to shall be taken subject to the objection.

   (c) Additional objections which may be made at the taking of depositions.
   Objection  may  be  made at the taking of depositions on the ground of
   relevancy or privilege, if the notice to take depositions does not clearly
   indicate that the witness is to be examined on the matters to which the
   objection relates. See paragraph (a) of this section. Objection may also be
   made on the ground that the examination is being conducted in such manner as
   to unreasonably annoy, embarrass, or oppress a deponent or party.

   (1) When there is objection to a line of questioning, as permitted by this
   paragraph, counsel shall, if possible, reach agreement among themselves
   regarding the proper limits of the examination.

   (2) If counsel cannot agree on the proper limits of the examination the
   taking of depositions shall continue on matters not objected to and counsel
   shall, within 24 hours, either jointly or individually, telegraph statements
   of their positions to the presiding officer, together with the telephone
   numbers at which they and the officer taking the depositions can be reached,
   or shall otherwise jointly confer with the presiding officer. If individual
   statements  are  submitted,  copies  shall  be provided to all counsel
   participating in the taking of depositions.

   (3) The presiding officer shall promptly rule upon the question presented or
   take such other action as may be appropriate under § 1.313, and shall give
   notice of his ruling, by telephone, to counsel who submitted statements and
   to  the  officer  taking  the depositions. The presiding officer shall
   thereafter reduce his ruling to writing.

   (4)  The  taking  of depositions shall continue in accordance with the
   presiding officer's ruling. Such rulings are not subject to appeal.

   [ 33 FR 463 , Jan. 12, 1968]

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