(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.
R 3115.Objections to qualification of person taking deposition; competency; questions and answers.
Article 31. Disclosure · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3115 sets out which objections to a deposition survive if not raised at the time it is taken and which ones are preserved regardless, distinguishing curable procedural errors from competency and admissibility objections that a court can still resolve at trial.
Full Text of CPLR 3115
(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.
Plain-English Summary
This section is the deposition's waiver rulebook, and it draws a careful line between two kinds of problems. Subdivision (b) covers errors that could have been fixed on the spot — irregularities in how the oral examination was conducted, in the form of a question or answer, in the oath, or in anyone's conduct. Because a prompt objection could have corrected defects like these right there — rephrasing a question, re-administering an oath — they are waived if no one objects at the time. Subdivision (c) applies the same logic to a challenge based on the disqualification of the officer taking the deposition: raise it before the deposition starts, or as soon as the disqualification is discovered or reasonably discoverable, or it is gone.
Subdivision (d) protects the objections that could not have been cured by speaking up earlier — challenges to a witness's competency to testify or to the admissibility of the testimony itself. Those survive even if no one objected during the deposition, unless the specific ground for the objection is one that could have been fixed at the time. Subdivision (a) then explains how this plays out when the deposition is offered into evidence at trial or a hearing: a party can object to any part of it for any reason that would have kept the same testimony out if the witness were live on the stand, subject to the waiver rules in the rest of the section. Subdivision (e) closes with the narrower category of objections to the form of written questions, which are waived unless served in writing within the time set for the next round of questions, or within three days if no further round is coming.
Frequently Asked Questions
Do I have to object during a New York deposition or can I wait until trial?
It depends on the type of objection. Errors in how the examination was conducted, in the form of a question or answer, or in the oath are waived unless raised at the deposition, while objections to a witness's competency or to the admissibility of the testimony survive even without a contemporaneous objection.
What deposition objections are waived if not made right away in New York?
Errors and irregularities in the manner of the oral examination, in the form of questions or answers, in the oath or affirmation, and in anyone's conduct — anything that could have been corrected if raised promptly.
Can I object to a deposition transcript's admissibility at trial even if I didn't object at the deposition?
Yes, generally. Objections to competency or to the admissibility of testimony are not waived by silence at the deposition unless the specific ground could have been fixed by objecting at that time.
How do I challenge the qualification of the person taking a deposition in New York?
Raise it before the deposition begins, or as soon afterward as you discover the disqualification or could have discovered it with reasonable diligence. Waiting longer waives the objection under subdivision (c).
What objections apply when a deposition is offered as evidence at a New York trial?
A party may object to any part of the deposition on any ground that would exclude the same testimony if the witness were testifying live, though that right is still subject to the waiver rules for objections that should have been raised earlier.
How do I object to the form of written deposition questions in New York?
Serve the objection in writing within the time allowed for serving the next set of questions, or within three days if no further questions are coming, under subdivision (e). Missing that window waives the objection.
Advisory Committee Notes
Subd (a) of this rule represents the former law of New York under CPA § 305. It is based upon Federal rule 26(e).
Subd (b) of this rule is based on subd (c)(2) of Federal rule 32. See CPLR rule 3112.
Subd (c) of this rule is the same as New Jersey rule 4:22-2. This defect should be waived by the parties since, typically, any notary available in the office will swear the witness. CPLR rule 3107 does not require that the name of the examining officer be given in the notice to examine. See CPLR rules 3112 and 3113.
Subd (d) of this rule is based on subd (c)(1) of Federal rule 32. CPA § 305 covered the form of the question only.
Subd (e) of this rule is based upon subd (c) of New Jersey rule 4:22-3.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: waiver of deposition objections New Yorkobjection to deposition admissibility New Yorkdisqualification of deposition officer New Yorkcompetency objection deposition New York