RULE 85. OBJECTIONS, ERRORS, AND IRREGULARITIES
- (a) As to Initiating Deposition: All errors and
irregularities in the procedure for obtaining approval for the
taking of a deposition are waived, unless made in writing within
the time for making objections or promptly where no time is
prescribed.
- (b) As to Disqualification of Officer: Objection to taking
a deposition because of disqualification of the officer before 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.
- (c) As to Use: In general, an objection may be made at the
trial or hearing to use of a deposition, in whole or in part as
evidence, for any reason which would require the exclusion of the
testimony as evidence if the witness were then present and
testifying. However, objections to the competency of a witness or
to the competency, relevancy, or materiality of testimony are
waived by failure to make them before or during the taking of the
deposition, if the ground of the objection is one which might have
been obviated or removed if presented at that time.
- (d) As to Manner and Form: 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 the parties, and errors of any
kind which might have been obviated, removed, or cured if promptly
presented, are waived unless reasonable objection thereto is made
at the taking of the deposition.
- (e) As to Errors by Officer: Errors or irregularities in the
manner in which testimony is transcribed or the deposition is
prepared, signed, certified, sealed, endorsed, transmitted, filed,
or otherwise dealt with by the presiding officer, are waived unless
a motion to correct or suppress the deposition or some part thereof
is made with reasonable promptness after such defect is, or with
due diligence might have been, ascertained. See also Rule 143(c).
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