§ 221.3 Communication with the deponent

During a deposition, a lawyer cannot stop the questioning just to talk privately with their client. This means the lawyer representing the person being questioned can't jump in to give tips, suggest answers, or coach the witness while questions are being asked. The only time this kind of interruption is allowed is if all the lawyers involved agree to it, or if there's a real question about whether the witness even has to answer what's being asked.

If a lawyer does stop the deposition to talk to their client about whether a question must be answered, they have to explain why on the record right away. They need to state their reason clearly and keep it short. This keeps lawyers from using private breaks as a way to help witnesses figure out how to answer, which would make the deposition unfair. The goal is to make sure the witness answers questions based on their own knowledge, not on last-minute coaching.