Tennessee Deposition Rules: Can You Walk Out?

Tennessee is a vibrant and lively state in the southeastern United States. It has a rich blend of culture and economic growth that puts it above the rest.  Depositions play a crucial role in civil litigation in the state. Through them, attorneys get to question witnesses and individuals under oath, out of court, but with the same gravity similar to courtroom testimonies. 

What is the next step if a deposition goes awry or becomes heated or offensive? Can you walk out of a deposition in Tennessee?

Rules and Regulations

It is important to understand the ground rules to know whether you can walk out or not. Walking out of a deposition without proper justification has serious consequences. The guidelines of civil procedure state that depositions should be done in a way that enables all parties to derive testimonies. 

While lawyers can challenge questions, objections are recorded, and witnesses must answer. However, witnesses are exempted from answering questions if they are supposed to enforce privilege, follow court orders, or shield themselves against offensive questions. 

When to Walk Out

Under Tennessee law, there are few instances when it is okay to walk out or pause a deposition. Under Rule 30, a witness can request a court order to stop deposition if it is done out of malice and conducted in an oppressive, embarrassing, and annoying manner. 

If a witness feels that the questioning crosses these boundaries, they should formally raise their concerns, allowing the court to evaluate the situation and determine whether a pause or cessation of the deposition is warranted.

To increase the chances of approval, an attorney needs to indicate the reason(s) for halting the deposition, seek a court order to stop the process and wait for a court ruling before commenting on the matter. Failure to comply with these rules could expose you to sanctions and hefty attorney fees. 

Drawbacks of Walking Out

While there are circumstances that warrant walking out, it does not always have a happy ending. The opposing party could seek a court order to force the deposition to continue or impose sanctions. Moreover, it could portray you as non-cooperative and paint a bad image to the judges reviewing the case. 

Choosing to walk out of the deposition can hurt your case. It can portray you in a negative light and weaken your position, thereby making it challenging to present your case. Also, attorneys may have difficulty defending you later on if you act without consulting them. 

Respite Instead of Walking Out

Owing to the implications and risks of walking out of depositions in Tennessee, you should consider respite before walking out. Put problematic areas, insults, or aggressions on record before taking a break. During this period, consult your attorney on the next step before making drastic decisions. 

Request for more time off to reorganize yourself before continuing with the deposition. Sometimes, taking a break helps issues and allows you to complete the deposition without facing legal actions as a result of pulling out. However, seek judicial relief if the problem persists even after a respite. This is the last step, and careful consideration is needed before deciding.

Conclusion

In Tennessee, you cannot just wake up one day and choose to walk out of a deposition. Doing so carries severe legal consequences that can affect every aspect of your life. While there are legal protections against abuse, belittling, and aggression during depositions, they require court orders to be enforced. In case the deposition turns aggressive, the best thing to do is to put it on record, speak to your lawyer, and follow the proper steps to tackle the matter.