Episode 165: Stopping the "You Can Answer" Gatekeeping
About this episode
This episode provides actionable guidance for litigators on managing depositions and addressing the 'you can answer' interjection.
A must-listen episode with actionable guidance for litigators and trial teams who want to keep depositions moving and the record clean. We break down the “you can answer” interjection: why it is usually unnecessary, how it inserts defending counsel into your Q-and-A, and how repetition disrupts tempo and shifts the witness from answering questions to seeking permission. You will get a ready-to-use preliminary instruction that tells the witness to answer after objections unless counsel clearly instructs “don’t answer” or the witness needs a rephrase. We also cover when to address opposing counsel on the record and how to frame the issue as coaching and delay. If the conduct escalates, we explain how Rule 30(d)(3)(A) supports suspending the deposition and seeking a protective order. SHOW NOTES: Sample preliminary instruction to minimize "You can answer" gatekeeping" During this deposition, the lawyers may make objections from time to time. For example, you may hear one of the lawyers say objection, or object to the form. These objections are mainly for the court reporter and, if necessary, for the judge later. They’re not signals to you to stop or to wait for permission. The only…
More episodes of 10,000 Depositions Later Podcast
- Episode 171: Examination Techniques, Part 4 - The Reid Technique
- Episode 170 - Examination Techniques, Part 3: The Reptile Method
- Episode 169: Examination Techniques, Part 2: Irving Younger's Ten Commandments of Cross-Examination
- Episode 168: Examination Techniques, Part 1: The Pozner-Dodd Technique
- Episode 167 - Schedule-Proofing Your Depositions: Drafting Notices with Multiple Backup Plans
- Episode 166 - Are You Audiorecording Your Depositions (Yet)?
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