(a) Objection to taking a deposition because of the disqualification of the person before 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.
Rule 4016.Taking of Depositions. Objections.
Last amended November 20, 1978 · Last verified June 30, 2026
In one sentenceThis rule sorts which deposition objections must be raised on the spot and which are preserved — an objection to the officer's disqualification or to the manner of taking is waived if not made in time, while objections to competency, relevancy, or materiality are generally not waived.
Full Text of Rule 4016
(b) Objections to the competency of a witness or to the competency, rel- evancy, or materiality of the 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 was known to the objecting party and which might have been obvi- ated or removed if made at that time.
(c) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of oral questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might have been obviated, removed, or cured if objections had been promptly made, are waived unless seasonable objection is made at the taking of the deposition.
(d) 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.
Plain-English Summary
This rule allocates deposition objections between those that must be made during the deposition and those that survive for trial. An objection to the officer’s disqualification is waived unless raised before the deposition begins. Objections to a witness’s competency, or to the competency, relevancy, or materiality of testimony, are not waived by failing to raise them at the deposition — they can be made when the testimony is offered at trial.
But errors and irregularities in the manner of taking the deposition, or in the form of questions or answers, are waived unless raised then, when they could be corrected. Defects in the notice are waived unless promptly objected to. The scheme forces curable problems to be raised when they can be fixed, while preserving substantive evidentiary objections for trial.
Frequently Asked Questions
Which deposition objections must be made on the spot?
Objections to the officer's disqualification, to the form of questions or the manner of taking, and to notice defects — these are waived if not raised in time.
Are relevancy objections waived if not raised at the deposition?
No. Objections to competency, relevancy, or materiality are generally preserved for trial.
Official Note
Official Note: Objections to the form of written interrogatories must be made as provided by Rule 4004(b).
Explanatory Note This Rule remains unchanged.
Amendment History
The provisions of this Rule 4016 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551. Immediately preceding text appears at serial page (16022).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: deposition objectionswaiver of deposition objections