Speaking Objections Are Not Allowed, and Neither Are Whispered Instructions

Lexos Media, Inc. v. Zynga Inc.

Case Number: 1:12-cv-07994-PGG (Dkt. 97) 

Lexos Media moved for an order prohibiting speaking objections in further depositions, and for fees and costs associated with a deposition. The court ordered that “speaking objections are prohibited. If there is an ‘objection to forms,’ state it as such, in those words.” The court denied costs, without prejudice to renewal if there are speaking objections at any future deposition.

Lexos Media provided the court with selections from the deposition transcripts including this instruction where (according to Lexos) “counsel literally whispered in the witness’s ear – but loud enough for the court reporter to transcribe.

By Mr. Dehoney:

Q. And you mentioned consumer surveys. Are those consumer surveys conducted by Zynga or a third party?

A. Each game is different. The service that I am aware of were done by our team, but they would be hosted on something like SurveyMonkey which is an external vendor.

Ms. Maitra: Just to be clear, you’re talking about Hidden Chronicles.

The Witness: For Hidden Chronicles.

Mr. Dehoney: And Counsel, I would just ask that you not coach the witness.” 

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