Can you refuse to answer a question in a deposition?
A witness generally must answer deposition questions even when they are uncomfortable or seem unfavorable. Refusal is limited to narrow grounds, such as attorney-client privilege, work-product protection, or a question clearly outside what a court has authorized. An attorney can object on the record to preserve an issue for later, but an objection alone usually does not excuse the witness from answering. When a real dispute arises over whether a question must be answered, it is typically resolved by the court.
The Default Rule: You Generally Must Answer
Deposition questioning is generally allowed a broad scope, and simple discomfort with a question or disagreement about its relevance is not, by itself, grounds to refuse to answer it.
In most situations, an objection is stated on the record to preserve the issue for later argument, and the witness still answers the question, rather than the objection blocking the answer outright.
The Real Grounds for Refusing to Answer
Legitimate grounds for declining to answer are narrow and typically involve a recognized privilege, such as attorney-client privilege or work-product protection, or an instruction consistent with a court-issued protective order.
Refusing to answer without one of these valid bases exposes a witness to the risk that the questioning party will seek a court order compelling a response.
The Role of Your Attorney's Objections
Attorneys commonly state an "objection to form" during a deposition, which preserves an argument about how the question was phrased but does not excuse the witness from still answering it.
An "instruction not to answer" is different and more limited, generally reserved for situations involving privilege or a court-ordered restriction, rather than a routine disagreement over relevance or phrasing.
What Happens When There's a Real Dispute
When the parties genuinely disagree about whether a question must be answered, the deposition may continue on other topics while the disputed issue is set aside for the court to resolve.
If necessary, the questioning party can file a motion to compel an answer, and the court will decide whether the refusal was justified or whether the witness must go back and answer the question.
- Can my attorney tell me not to answer a question?
- Generally only to preserve a valid privilege or comply with a court-ordered limitation, not simply because the question is difficult or unfavorable to answer.
- What happens if I refuse to answer without a valid reason?
- The questioning party may seek a court order compelling an answer, and an unjustified refusal can lead to sanctions or otherwise harm your position in the case.
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