Can a party's counsel instruct a deponent not to answer questions concerning the ultimate legal issue in a case during a deposition?

In the context of a deposition, the standard rule is that a deponent must answer questions put to them, unless there is a valid basis under the law for them to refuse. Generally, a party's counsel cannot instruct a deponent to refrain from answering a question simply because the question relates to the ultimate legal issue in the case. This involves the principle that during discovery, parties are entitled to gather all relevant information, including answers to questions that may pertain to the ultimate outcome of the case.

This commitment to disclosure during depositions serves the purpose of ensuring that all pertinent facts and evidence can be assessed before trial. Ultimately, the determination of whether a particular question should be answered, including questions that touch on legal issues, often rests with the court rather than the counsel of either party. If counsel believed that a question such as this was inappropriate, they would typically need to raise the issue with the judge rather than unilaterally directing the deponent not to answer.

In essence, deponents should respond to questions even if they relate to ultimate legal issues, unless there is a specific legal privilege or court order in place that allows them to decline to answer. Thus, deponents are required to provide their testimony on these matters to uphold