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Asked by Cessi21 {167}
8/15/2012 10:20:16 PM I had a deposition with 5 attorneys on the phone. Before the start, I asked if they could state their names with any objections or before they spoke on the record. They just decided that "one objection will be an objection for all."
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8/16/2012 3:01:41 AM | [0 Votes] Flag as inappropriate |
If their off-the-record stipulation that an objection by one would be an objection by all was stated on the record at any point, it would be justified by having one attorney object. If it wasn't stated, however, I'd list colloquially every attorney one at a time. At least this way it'll take more lines and maybe give you another page or two. I've encountered attorneys who request items for production with this proviso: "I'll consider that every request I make is taken under advisement with a request that it be put in writing and that a request by one is a request by all, unless for the first time in my career someone doesn't want a proffered piece of information." (Of course, it's a dumb thing to do because he's really just trying to cut down on the colloquy on the record, thereby saving pages.) The attorneys will usually agree, but there's often one who continues to say "taken under advisement; put it in writing" which causes Counsel to grumble that his money-saving plan isn't working. |
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I have a case currently that I've done multiple depositions, three defense attorneys, and one always asks that an objection by one is an objection by all. The deposing attorney, the plaintiff's counsel, now says, I know, you want the Three Musketeers objection. Then the attorney looks at me and says, put the Three Musketeers objection the stips page. I put on the stipulations page, It was further stipulated by and between counsel that an objection by one counsel is an objection by all counsel. - fstfngrs 8/16/2012 3:55:21 AM | FlagCute. Attorneys are such morons. - pwreu 8/16/2012 4:19:45 AM | FlagPerfect responses. Just what I was looking for. Thank you both! - Cessi21 8/16/2012 9:14:05 AM | Flag |
8/17/2012 6:55:55 PM | [0 Votes] Flag as inappropriate |
Their stipulation is on the record. Howver, the objection will only be listed in the transcript by the attorney actually making it. |
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| Tobi Minich I would just put the conversation in the record, where they decided 2 treat their record in that manner and then put the actual objection made by whoever spoke and let them duke it out. Not our job 2 interpret or figure out who may want to join in an objection. Leave it to a group of attorneys to come up with this brilliant idea... Thursday, August 16, 2012 | ||
| Staci Slayden I agree. It`s on the record that one stands for all. So if Mr. Smith makes the one-for-all ojbection, put it as usual, with Mr. Smith in colloquy objecting. It`ll be understood by whoever reads the tript. Thursday, August 16, 2012 | ||
| AnnMarie Deis I would do the exact same thing as Tobi. The record will speak for itself. :) Thursday, August 16, 2012 | ||
| Marian Kirby Leave it to a group of attorneys to come up with this brilliant idea... You put it so well and so succinctly ;-) Thursday, August 16, 2012 | ||
| Kate DeWit I`ve had that exact scenario happen. The actual phone objections looked like: DEFENSE COUNSEL: This is Ms. Phonio. Objection to ... For the colloquy, I put their real names since it wasn`t an objection. In the appearances index, I put a parenthetical after their names (appearing telephonically). Thursday, August 16, 2012 | ||
| Jennifer Starner I`ve had this situation before, especially in asbestos litigation. It is very common. If there is a stipulation that one objection by defense counsel is an objection by all, then just use DEFENSE COUNSEL: and then whatever the objection is. Thursday, August 16, 2012 | ||
| Debra Druzisky Whether their agreement was on the record or not doesn`t matter AT ALL...you just take down the record and designate whoever speaks and what they say, period! It`s up to them to argue in court whatever they agreed to.If you know who is speaking (difficult over the telephone), then you need to put that attorney`s name and whatever objection he makes. If you don`t know, then go with the generic Defense Counsel. Friday, August 17, 2012 | ||
| Lori Noel Lewkowitz I`ve just done a job like that. I was in NY with the plaintiff`s attorney and the witness in Singapore with four defense attorneys. One objected for them all which made easy. Tuesday, September 04, 2012 | ||