2010 New York Code
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
R3115 - Objections to qualification of person taking deposition; competency; questions and answers.

Rule  3115.  Objections  to qualification of person taking deposition;
  competency; questions  and  answers.    (a)  Objection  when  deposition
  offered  in  evidence.  Subject  to  the  other provisions of this rule,
  objection may be made at the trial or hearing to receiving  in  evidence
  any  deposition  or  part thereof for any reason which would require the
  exclusion  of  the  evidence  if  the  witness  were  then  present  and
  testifying.
    (b)  Errors which might be obviated if made known promptly. Errors and
  irregularities occurring at the oral examination in the manner of taking
  the deposition, in the form of the questions or answers, in the oath  or
  affirmation,  or in the conduct of persons, and errors of any kind which
  might be obviated or removed if objection were promptly  presented,  are
  waived  unless reasonable objection thereto is made at the taking of the
  deposition.
    (c) Disqualification of person taking  deposition.  Objection  to  the
  taking of a deposition because of disqualification of the person by whom
  it  is  to  be  taken  is  waived  unless  made before the taking of the
  deposition begins or as soon thereafter as the disqualification  becomes
  known or could be discovered with reasonable diligence.
    (d)  Competency of witnesses or admissibility of testimony. Objections
  to the competency of a witness or to the admissibility of testimony  are
  not  waived  by  failure to make them before or during the taking of the
  deposition, unless the ground of the objection is one which  might  have
  been obviated or removed if objection had been made at that time.
    (e)  Form  of  written  questions.  Objections  to the form of written
  questions are waived unless served in writing upon the party propounding
  the questions within the time allowed for serving  succeeding  questions
  or within three days after service.

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