Defense Attorney in NY Says 'I Object! Don't Answer That Question!' Can He Legally Do That?

Defense Attorney in NY Says "Don't Answer That Question!" at Pre-Trial Testimony. Can He Legally Do That?

NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207

I ask the witness a question during his pre-trial testimony, also known as a deposition or an examination before trial. The defense attorney in a loud and obnoxious voice yells out to his witness "DON'T ANSWER THAT QUESTION!"

The attorney then turns to me and says, on the record, "I direct the witness not to answer that question!"

Can he legally do that in a medical malpractice case, an accident case or even a wrongful death case here in the state of New York?

In these types of civil cases where an injured victim is seeking compensation for the harms and losses they suffered because of someone else's carelessness, pretrial testimony is an important part of the discovery process. It allows each side an opportunity to question the other's witnesses.

There are many instances where the opposing attorney will object to questions that I am asking.

They may not like the way a question is phrased.
They may think my question is inappropriate.
They may think I'm not entitled to ask such a question.

In reality, there are only two types of questions that a defense attorney would be within his right to object and direct his witness not to answer the question. Otherwise, in ALL other circumstances, he can object, but his witness must still answer the question.

What that means is that he has preserved his objection for the time trial so that when this witness is asked the same or similar question at trial, the defense attorney can now object again and have the trial judge make a decision about whether my question is appropriate and whether the witness must answer the question.

Watch the video to learn more...

Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207

[BaFunGool]

PS was later released from claim. Right to remain silent in Statutory/Cival proceeding is via UCC 3-501 as law, not loop hole and asserting Fifth Amendment "Rights", not as privlage (only) works via "Congressional" (Constitutional) tribunal as govt appointed/elected defendants whom fearless (unscathed) of contempt and or pergery charge, which is currently transpiring in Washington DC.

[BaFunGool]

What is currently not known by many in NYS that defendents can utilize (new) law called: "Opt-Out Law" which intitles your proceeding to be adjudicated via a Lawyer Judge, not a Lay-Justice via small town/villages across the State. Had proceeding [speeding ticket] adjudicated via non lawyer Judge that drives cesspool pump truck full-time and moonlights as judge on town bench, whereas complaintent (local yokel) police officer and lay-justice are on the same payroll, as conflict of interest. Request Opt-Out hearing, charged immediately reduced to parking violation. NYS Magestrates Association suffered serious blow to their 300 year status-quo of free rein (aka kangaroo court).

[NYMedicalMalpractice]

Have you ever encountered this nonsense?

[ElGatoLoco]

Wait a minute.  What about the whole incrimination thing?  In a deposition, you don't have the right to remain silent?