Rule 1.717.Irregularities and objections

Rule 1.717 is a roadmap of waiver deadlines, each tied to a different kind of deposition problem. Objections to a deposition notice are waived unless promptly served in writing on the party who gave the notice. Objections to the officer's qualification to take the deposition are waived unless raised before the deposition begins, or as soon afterward as the objector knew or, with reasonable diligence, could have discovered the problem.

Objections to the form of written interrogatories served under Rule 1.710 are waived unless served on the interrogating party within the objector's own time for serving the next round of interrogatories — and, for the final round allowed, within three days after service. Errors or irregularities occurring during an oral deposition concerning conduct, the manner of taking it, the oath, or the form of a question or answer — anything that could have been fixed, cured, or removed at the time — are waived unless objected to during the deposition itself.

Testimony objections that do not fall into those categories can wait: Rule 1.717(5) allows objecting at trial on any ground that would exclude the testimony if given live in open court, without needing to object at or before the deposition unless the ground could have been fixed then. But objections to the manner of transcribing the testimony, or to preparing, signing, certifying, sealing, endorsing, or transmitting the deposition — or to the officer's handling of it — are waived unless raised by a motion to suppress the deposition or the part in question. That motion must be filed with reasonable promptness once the objector knows of, or with reasonable diligence could discover, the defect, and the court will not grant it unless the defect is substantial and materially affects a party's rights.