Tenn. Comp. R. & Regs. 0180-06-.14 - EFFECT OF ERRORS AND IRREGULARITIES IN DEPOSITIONS
(1) 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.
(2) As to Disqualification of the Hearing
Officer Taking the Deposition. Objection to taking a deposition because of
disqualification of the officer 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.
(3) As to Taking of
Deposition.
(a) Objections 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.
(b) 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 reasonable objection thereto is
made at the taking of the deposition.
(4) As to Completion and Return of
Deposition. Errors and irregularities in 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 under Rule
0180-6-.13 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.
Notes
Authority: T.C.A. ยง 4-5-110(d).
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