A. AS TO NOTICE All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.
Rule 41.Effect of Errors and Irregularities in Depositions
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 41 sets deadlines for objecting to problems with a deposition — from a defective notice to a disqualified officer to how the deposition was recorded and returned — and explains which objections are lost if not raised promptly and which survive even if raised later.
Full Text of Rule 41
B. AS TO DISQUALIFICATION OF OFFICER Objection to taking a deposition because of disqualification of the officer administering the oath 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 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) 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 seasonable objection thereto is made at the taking of the deposition.
(3) Objections to the form of written questions submitted under Rule 40 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within 20 days after service of the last questions authorized.
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 under Rules 39 and 40 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
[CCP 12/2/78]
Plain-English Summary
Depositions generate plenty of small procedural problems: a notice that falls short of Rule 39’s requirements, an officer who turns out to be disqualified, a leading question, a transcript that isn’t certified correctly. Rule 41 decides which of those problems a party can still raise later and which are gone for good if nobody objected at the time. As a general pattern, problems that could have been fixed on the spot, such as a defective notice, a disqualified officer, a poorly formed question, or an improper oath, must be raised promptly, either before the deposition, at the deposition, or as soon as the problem is discovered; staying silent waives the objection. Objections to written questions served under Rule 40 follow their own clock, due within the time allowed for the next round of questions and, at the latest, twenty days after the final questions are served.
Two categories get more forgiving treatment. Objections to a witness’s competency, or to whether testimony is competent, relevant, or material, survive even if nobody objected at the deposition, unless raising the point at the time could have fixed the problem. And errors in how the deposition was transcribed, signed, certified, or filed only need to be raised through a motion to suppress made promptly after the defect is discovered, or after it should have been discovered with reasonable diligence — there’s no requirement to catch these problems during the deposition itself, since many of them can’t be seen until the transcript exists.
Frequently Asked Questions
I think the deposition notice I received didn’t follow the rules. What should I do?
Serve a prompt written objection on the party who gave the notice. If you don’t, any errors or irregularities in the notice are waived.
The officer who swore in the witness may have been disqualified. Does that ruin the deposition?
Only if nobody objects. The objection must be made before the deposition begins, or as soon afterward as the disqualification becomes known or reasonably should have been discovered. Otherwise, it’s waived.
Do I have to object to every improper question during the deposition itself?
For errors that could have been fixed on the spot, such as the form of a question or answer, a problem with the oath, or improper conduct, yes: staying quiet at the deposition waives the objection. Objections to a witness’s competency, or to whether testimony is competent, relevant, or material, are treated more leniently and survive even without a contemporaneous objection, unless raising the point at the deposition could have fixed the problem.
What if I don’t discover a problem with how the deposition was transcribed or certified until later?
File a motion to suppress the deposition, in whole or in part, promptly after you discover the defect, or after you should have discovered it with reasonable diligence. There’s no requirement to have caught these problems during the deposition itself.
How do objections to written deposition questions under Rule 40 work?
They must be served in writing within the time allowed for serving the next round of questions, and no later than 20 days after the last authorized round of questions is served.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 41). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
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