(a) Examination and Cross-Examination. Examination and cross-examination of deponents may proceed as permitted in the trial of actions in open court, but the cross-examination need not be limited to the subject matter of the examination in chief.
Rule 4:14-3.Examination and cross-examination; record of examination; oath; objections
Last amended September 1, 1996 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:14-3 governs how an oral deposition is conducted — examination and cross-examination, the oath and record, the narrow grounds for objecting, and the limits on instructing a witness not to answer or communicating with the deponent.
Full Text of Rule 4:14-3
(b) Oath; Record. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by some one acting under the officer’s direction and in the officer’s presence, record the testimony of the witness. The testimony shall be recorded and transcribed on a typewriter unless the parties agree otherwise.
(c) Objections. No objection shall be made during the taking of a deposition except those addressed to the form of a question or to assert a privilege, a right to confidentiality or a limitation pursuant to a previously entered court order. The right to object on other grounds is preserved and may be asserted at the time the deposition testimony is proffered at trial. An objection to the form of a question shall include a statement by the objector as to why the form is objectionable so as to allow the interrogator to amend the question. No objection shall be expressed in language that suggests an answer to the deponent. Subject to R. 4:14-4, an attorney shall not instruct a witness not to answer a question unless the basis of the objection is privilege, a right to confidentiality or a limitation pursuant to a previously entered court order. All objections made at the time of the examination to the qualifications of the officer taking the deposition or the person recording it, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidential objections to a videotaped deposition of a treating physician or expert witness which is taken for use in lieu of trial testimony shall be made and proceeded upon in accordance with R. 4:14-9(f).
(e) Written Questions. In lieu of participating in an oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and that party shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.
(f) Consultation with the Deponent. Once the deponent has been sworn, there shall be no communication between the deponent and counsel during the course of the deposition while testimony is being taken except with regard to the assertion of a claim of privilege, a right to confidentiality or a limitation pursuant to a previously entered court order.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:16-3, 4:20-3. Paragraphs (b), (d) and (e) amended July 14, 1972 to be effective September 5, 1972 (Paragraph (a) formerly R. 4:10-3); paragraph (c); amended July 21, 1980 to be effective September 8, 1980; paragraphs (b) and (e); amended July 13, 1994 to be effective September 1, 1994; paragraph (c); amended and paragraph (f) added June 28, 1996 to be effective September 1, 1996.
Plain-English Summary
This rule sets the ground rules inside the deposition room. Examination and cross-examination proceed as at trial, though cross-examination is not confined to the subject of the direct. The officer swears the witness and records the testimony, which is transcribed unless the parties agree otherwise.
Objections are tightly limited. Only objections to the form of a question or asserting a privilege, a right to confidentiality, or a prior court-ordered limitation may be made during the deposition; other grounds are preserved for trial. A form objection must state why the form is objectionable, must not suggest an answer, and counsel may not instruct a witness to refuse to answer except on those same narrow grounds. Once the witness is sworn, counsel may not confer with the deponent except about a privilege or protection.
Frequently Asked Questions
What objections can be made during a deposition?
Only objections to the form of a question, or to assert a privilege, a right to confidentiality, or a previously entered court-ordered limitation. Other objections are preserved for when the testimony is offered at trial.
Can a lawyer tell a witness not to answer at a deposition?
Only where the basis is privilege, a right to confidentiality, or a prior court-ordered limitation. Counsel may not otherwise instruct a deponent to refuse to answer.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:14-3). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: deposition examinationdeposition objectionsinstruction not to answerspeaking objectionsconduct of deposition