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Publication Year

2004

Abstract

AN ATTORNEY DEFENDING a deposition may at times raise a relatively obscure objection-that the interlocutor has asked a "misleading question." The objection is appropriate when any answer will provide erroneous information. The classic example is, "Have you stopped beating your wife?" As a useful book on the topic explains, "If the witness answers [']yes,['] the implication is that he at one time did beat his wife; if he answers 'no,' it sounds as though he continues to beat her." The query calls naturally for one of two responses and both are misleading.

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