Texas Court Reporter Practice Exam

What is a certified question in the context of a deposition?

1. A question that has been approved by the judge

2. A question the witness refuses to answer and their counsel instructs not to answer

3. A question introduced by the opposing counsel

4. A question allowed to be stricken from the record

The correct answer is: A question the witness refuses to answer and their counsel instructs not to answer

In the context of a deposition, a certified question refers to a situation where a witness refuses to answer a question, and their attorney instructs them not to respond. This typically occurs when the witness's counsel believes that the question may be inappropriate, irrelevant, or could potentially incriminate the witness. By certifying the question, the counsel makes a formal record of the refusal, which can then be addressed by the court if necessary. This underscores the role of attorneys in protecting their clients' interests during depositions. It is important to note that while a refusal to answer can create complications, it also ensures that the witness's rights are safeguarded within the legal framework. The other choices do not accurately define a certified question. A question approved by the judge pertains more to the legitimacy of questions posed during court proceedings rather than depositions. A question from opposing counsel is a common occurrence in depositions without specific legal implications tied to it. A question being stricken from the record signifies that it has been deemed inadmissible, which is not related to the refusal to answer by the witness.