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In a deposition by written questions, a third party, such as a notary public or process server, presents the questions to the deponent. The questions are answered in the presence of the third party, who also attests that the answers are properly sworn.
On direct examination, questions are limited to those that do not lead a witness. A leading question is one that suggests the answer that the attorney is wanting from the witness. If the question being asked suggests what the answer should be, a leading objection is proper.
Depositions upon written questions ? In these deposition hearings, the witness receives written questions in advance. Their legal team has a time limit to evaluate each inquiry. Once objections are squared away, the witness must answer the questions before an examiner and court reporter.
A leading question is one that suggests the answer that the attorney is wanting from the witness. If the question being asked suggests what the answer should be, a leading objection is proper.
The oral deposition must be conducted in the same manner as if the testimony were being obtained in court during trial. Counsel should cooperate with and be courteous to each other and to the witness. The witness should not be evasive and should not unduly delay the examination.