(1) Depositions should be taken only where actually needed to ascertain facts or information
or to perpetuate testimony. They should never be used as a means of harassment or to generate
(2) In scheduling depositions, reasonable consideration should be given to accommodating
schedules or opposing counsel and of the deponent, where it is possible to do so without prejudicing
the client’s rights.
(3) When a deposition is noticed by another party in the reasonably near future, counsel
should ordinarily not notice another deposition for an earlier date without the agreement of opposing
(4) Counsel should not attempt to delay a deposition for dilatory purposes but only if
necessary to meet real scheduling problems.
(5) Counsel should not inquire into a deponent’s personal affairs or question a deponent’s
integrity where such inquiry is irrelevant to the subject matter of the deposition.
(6) Counsel should refrain from repetitive or argumentative questions or those asked solely
for purposes of harassment.
(7) Counsel defending a deposition should limit objections to those that are well founded and
necessary for the protection of a client’s interest. Counsel should bear in mind that most objections
are preserved and need be interposed only when the form of a question is defective or privileged
information is sought.
(8) While a question is pending, counsel should not, through objections or otherwise, coach
the deponent or suggest answers.
(9) Counsel should not direct a deponent to refuse to answer questions unless they seek
privileged information or are manifestly irrelevant or calculated to harass.
(10) Counsel for all parties should refrain from self-serving speeches during depositions.
(11) Counsel should not engage in any conduct during a deposition that would not be allowed
in the presence of a judicial officer.