Q: During a civil deposition how can you refuse to answer certain or all the questions?

A: Depends on the questions. Depends on the nature of the litigation. (i.e. whether it's civil, criminal, or regarding what, i.e. breach of contract? divorce?). There really isn't enough information here to assist. There are several different types of objections that can be raised in a deposition. Very few objections however, result in the ability to refuse to answer a question. No one rules on objections during a deposition. The purpose of making objections during a deposition is to reserve the right to make those same objections at the time of trial where a judge will rule on the objections and determine whether the question needs to be answered. In deposition there are very limited circumstances in which you can refuse to answer a question. One such objection would be "taking the 5th". Another is "invasion of privacy" - assuming what is asked is not otherwise reasonably calculated to lead to the discovery of admissible evidence and is relevant.

A: Under California law, there are certain grounds on which a deponent (the person being deposed) can refuse to answer questions during a civil deposition:

1. Privilege: If the information sought is protected by a legally recognized privilege, such as attorney-client privilege, doctor-patient privilege, or the Fifth Amendment right against self-incrimination, the deponent can refuse to answer.

2. Irrelevance: If the question is not relevant to the subject matter of the lawsuit, the deponent can object to the question. However, the deponent must still answer the question unless instructed not to do so by their attorney.

3. Harassment or embarrassment: If the question is intended to harass or embarrass the deponent, an objection can be raised. However, the deponent must still answer unless their attorney instructs them not to.

4. Privacy: In some cases, a deponent may refuse to answer a question that invades their privacy, such as personal financial information or medical history, unless the court has ordered them to answer.

If you believe that answering certain questions could lead to self-incrimination, you should invoke your Fifth Amendment right and refuse to answer those specific questions. For other concerns, such as harassment or irrelevance, your attorney should object to the question and, if necessary, instruct you not to answer.

It is essential to have an attorney present during the deposition to protect your rights and advise you on when to answer or refuse to answer questions. If you do not have an attorney, you should consider seeking legal counsel before the deposition takes place.

A: You may want to consult with experienced civil litigation/criminal defense attorneys on this - it sounds like you have a civil matter with a related criminal matter?? If the outcome of the criminal matter hinges on a successful defense or prosecution of the civil matter, it could be worth investing more in-depth guidance beyond which is available on public forums. My colleagues have provided excellent responses - but your matter sounds complex. Good luck