(a) As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless at least 3 days before the time fixed for examination, or within such time as the court fixes by order, written objection is served upon the party giving the notice.
Rule 4:16-4.Effect of errors and irregularities in depositions
Last amended September 5, 2000 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:16-4 sets out which deposition objections are waived if not made in time — errors in the notice, in the officer's qualification, in the manner of taking, and in the completion or return of the deposition — while preserving objections to competency, relevancy, and materiality that could not have been cured.
Full Text of Rule 4:16-4
(b) As to Disqualification of Officer. Objection to taking a deposition because of disqualification of the officer before whom or 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.
(c) As to Taking of Deposition.
(1) Objections Not Waived. Objections to the competency of a witness or to the competency, relevancy, or materiality 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 presented at that time.
(2) Objections Waived. Except as otherwise provided by R. 4:14-3(c), 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 parties, and errors of any kind which might be obviated, removed, or cured if promptly presented are waived unless timely objection thereto is made at the taking of the deposition. Objections to the form of written questions submitted under R. 4:15 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or redirect questions or, if the objection is as to recross questions, then within 5 days after service thereof.
(d) As to Completion and Return of Deposition. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed or otherwise dealt with by the officer are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.
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. 4:22-1, 4:22-2, 4:22-3(a) (b) (c). Paragraph (d) amended July 14, 1972 to be effective September 5, 1972 (paragraphs (a)(b)(c) formerly R. 4:16-1, 4:16-2, 4:16-3); paragraph (c)(2); amended July 5, 2000 to be effective September 5, 2000.
Plain-English Summary
Deposition procedure is full of potential defects, and this rule sorts out which must be raised promptly. Objections to errors in the deposition notice are waived unless written objection is served at least three days before the examination; objections to the officer’s disqualification are waived unless made before the deposition begins or as soon as the ground is known.
Objections at the taking of the deposition split in two. Objections to a witness’s competency or to the competency, relevancy, or materiality of testimony are not waived by silence — unless the ground could have been cured if raised then. But errors in the manner of taking, the form of questions or answers, the oath, or the conduct of parties — things that could have been fixed on the spot — are waived unless a timely objection is made. Defects in transcribing, signing, certifying, or returning the deposition are waived unless a motion to suppress is made with reasonable promptness.
Frequently Asked Questions
Which deposition objections must be made right away?
Objections to the notice (at least three days before), to the officer’s qualification (before the deposition begins), and to curable errors in the manner or form of the examination (at the deposition). Objections to competency, relevancy, and materiality are generally preserved unless the ground could have been cured at the time.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:16-4). 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: errors and irregularities in depositionswaiver of deposition objectionsmotion to suppress deposition