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Tuesday, February 24, 2009

Depositions in Michigan Become More Civil in 2009

MCR 2.306 has been amended to provide that an "objection during a deposition must be stated concisely in a civil and nonsuggestive manner." According to the official comments, the change was made to prohibit the practice of "speaking objections" designed to "instruct the witness." Also new is the requirement that it is no longer appropriate to confer with a witness, even a client, while a question is pending, except to talk about the assertion of a privilege or other legal protection like the 5th Amendment. Finally, the amended deposition rules now also provide for sanctions, including attorney fees, "of a person impedes, delays, or frustrates the fair examination of a witness or otherwise violates the rule."

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