Ask the Lawyer: What does that objection mean?
Q: At a deposition my lawyer asked the witness a really important question. The other lawyer objected on the basis of “an incomplete hypothetical.” We never got an answer. What does that objection mean?
-G.B., Rancho Palos Verdes
A: There are only certain objections at deposition that are proper, and then only a few of those that permit the witness to refuse to answer. The objection you mention, “incomplete hypothetical,” is appropriate as it goes to the form of, or the foundation related to the question, but could be re-phrased or an answer given, with the objection preserved. The objection means that a question asked left out information the witness would need to know to give an accurate answer. An example: “Why didn’t you stop at the red light?” This presumes the light was red, that the witness did not stop, and that the witness was even driving.
Q: Can you explain the objection “hearsay” in a court case? Is there any way around it?
-D.F., Manhattan Beach
A: Hearsay is a statement you heard someone say outside of court. You are then asked to repeat in court what this other person said. He or she is not there, however, and unless there is demonstrable reliability that what you claim this person said is credible, a hearsay objection may be sustained. The exceptions to hearsay — which allow the testimony — turn to a large degree on reliability. Two sample exceptions: Someone makes a statement that is an admission against his or her own interest (“I wasn’t looking…”); the statement is reliable because a person will not admit wrongdoing unless likely true. Also, if someone makes a spontaneous exclamation — “Oh my, you should slow down!” This can constitute an exception to a hearsay objection because it has an inherent reliability (people blurt things out that they are then observing).
Q: Is videotaping a deposition critical, as opposed to just having it transcribed?
-M.R., Compton
A: Typically a deposition is transcribed by a certified court reporter. Videotaping is an extra cost, extra equipment and effort, but can provide an enhanced way of presenting the testimony. For example, the transcript may not reflect a long pause before an answer. The transcript may not reflect the nervousness of the witness, or his or her darting eyes. The videotape focuses on the witness, from the chest up. It can also be very helpful if the witness is not available at the court hearing. It is one thing to read from a transcript and another to actually hear and see the person on the videotape.
Ron Sokol is a Manhattan Beach attorney with more than 35 years of experience. His column, which appears on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.