Art. 1455.Objections, Competency of Witnesses; Relevancy of Testimony; Manner Or Form of Taking Deposition

Not every deposition objection has to be made in the moment to survive. Article 1455 draws three separate lines. The first protects the substantive objections: an objection to a witness's competency, or to the competency, relevancy, or materiality of testimony, is not waived just because nobody raised it before or during the deposition. Those objections stay alive unless the specific ground for the objection was one that could have been obviated or removed had it been raised at the time — in which case silence does forfeit it.

The second line covers the mechanics of an oral deposition — errors and irregularities in the manner of taking it, the form of questions or answers, the oath or affirmation, or the conduct of parties, along with any other error that could have been fixed if someone had flagged it promptly. These procedural glitches are waived unless raised at the deposition itself, because the whole point of catching them early is that they usually can be corrected on the spot.

The third line applies specifically to depositions on written questions under Articles 1448 and 1449. Objections to the form of those questions are waived unless served in writing on the party who propounded them within the time allowed for serving the next round of questions in the cross-redirect-recross sequence, and in any event within five days after the last authorized round of questions was served — tying the objection deadline to the same clock that governs the written-question exchange itself.