Texas Court Reporter Practice Exam

In a deposition, who instructs the witness not to answer a question?

1. The opposing attorney

2. The court reporter

3. The judge

4. The witness's counsel

The correct answer is: The witness's counsel

In a deposition, it is the witness's counsel who instructs the witness not to answer a question. This typically occurs when the attorney believes that the question is beyond the scope of what is relevant, could lead to privileged information, or is otherwise inappropriate. The role of the witness's counsel is to protect their client's interests during the deposition process. They have the authority to intervene when they feel that the appropriateness of a question may compromise their client’s rights or the case at large. While the judge does not typically preside over depositions – they generally take place outside of court – the opposing attorney or court reporter do not have the standing to instruct the witness. The opposing attorney can ask questions, but they do not hold the power to dictate whether or not a witness should respond. Similarly, the court reporter's role is to accurately transcribe the proceedings, and they do not engage in the content of the questions or the witness's responses. Hence, the correct answer highlights the protective role of the witness's counsel in the deposition setting.