When do deposition questions not need to be answered?

• A. When the information is privileged
• B. When the information is public record
• C. When the witness is unavailable
• D. When the court orders

Answer: (A)

Privilege protects certain information from discovery, so deposition questions about privileged material do not have to be answered. The most familiar example is attorney-client privilege: confidential communications between a client and lawyer made for seeking or receiving legal advice are protected. The work-product doctrine also shields materials prepared in anticipation of litigation from disclosure. When a privilege is asserted, the question is not answered and the court decides whether the privilege applies; if the court agrees the information is privileged, no answer is required.

Other options don’t automatically excuse answering. Public records aren’t inherently off-limits simply because they exist in the public domain; they may still be discoverable unless specifically privileged. An unavailable witness doesn’t automatically excuse answering a deposition question—other rules or protective orders would be needed for such an exemption. And a court order generally compels an answer unless there’s a valid privilege or other protective basis to withhold.