During a deposition, can a counsel instruct a deponent to not answer a hearsay question?

In a deposition, counsel generally cannot instruct a deponent to refuse to answer a question solely because it is hearsay. The rules governing depositions allow for a wide range of inquiry, including questions that may elicit hearsay evidence. A deponent must answer questions unless there is a valid legal basis for refusing, such as a privilege that protects them from self-incrimination or another specific objection that warrants not answering.

When a question is deemed to be hearsay, it may still be relevant and admissible in the context of the deposition, as depositions are often designed to gather information and explore the facts of a case rather than strictly adhere to evidentiary rules. The purpose of a deposition is to elicit testimony that can later be analyzed or contested in court, which includes potentially inadmissible evidence like hearsay.

It's important to note that though a party can object to questions and argue that they are hearsay, the deponent is still obliged to provide an answer unless there's a compelling reason not to, such as the aforementioned privilege or other protections under law. As such, the role of counsel is to raise objections rather than to instruct the deponent to withhold information simply based on the nature of a question.