Okay. I hit the books. Here we go.
Florida Rules of Civil Procedure:
RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION
(c) Examination and Cross-Examination; Record of Examination; Oath; Objections. [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Examination and cross-examination of witnesses may proceed as permitted at the trial. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the officer’s direction and in the officer’s presence, record the testimony of the witness, except that when a deposition is being taken by telephone, the witness shall be sworn by a person present with the witness who is qualified to administer an oath in that location. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with subdivision (b)(4) of this rule. If requested by one of the parties, the testimony shall be transcribed at the initial cost of the requesting party and prompt notice of the request shall be given to all other parties. All objections made at time of the examination to the qualifications of the officer taking the deposition, the manner of taking it, the [/FONT]
[FONT=Times New Roman,Times New Roman]evidence presented, or the conduct of any party, and any other objection to the proceedings shall be noted by the officer upon the deposition. Any objection during a deposition shall be stated concisely and in a nonargumentative and nonsuggestive manner. A party may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under subdivision (d). Otherwise, evidence objected to shall be taken subject to the objections. Instead of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and that party shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim. [/FONT]
[/FONT](d) Motion to Terminate or Limit Examination. [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, or that objection and instruction to a deponent not to answer are being made in violation of rule 1.310(c), the court in which the action is pending or the circuit court where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition or may limit the scope and manner of the taking of the deposition under rule 1.280(c). If the order terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of any party or the deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. The provisions of rule 1.380(a) apply to the award of expenses incurred in relation to the motion. [/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][Emphasis added.] [/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]There you go, people. See the bolded part above.[/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Mr. Morgan asks a question: On what day did you kill Caylee?[/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Mr. Baez: I object! [/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Mr. Morgan: What is the nature of your objection?[/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Mr. Baez: On the grounds of Ms. Anthony's 5th Amendment privilege to refuse to disclose any matter that may tend to incriminate her. [/FONT][/FONT]
Mr. Morgan: Your objection is preserved; (to the witness, Ms. Anthony) go ahead and answer the question.
Mr. Baez: (To witness, Ms. Anthony) I am advising you not to answer that question.
Both attorneys check Florida Rules of Civil Procedure, Rule 1.310(c), and the Florida Evidence statutes and note that it is a privilege. Therefore, the objection and the instruction not to answer the question stands.
Run that above scenario again and change the question from, "On what day did you kill Caylee" to "Did you go to Sawgrass apartments on June 16, 2008?" Ah, now it may or may not be privileged. Was she there to find an identity of somebody to blame and be the kidnapper?
What if the question is, "Did you graduate from high school?" Clearly, this will not tend to incriminate her so she would have to answer. No 5th Amendment here.
So, it goes, question by question. On the ones where it is unclear, she will have to explain to the judge when Mr. Morgan brings his motion under section d that Mr. Baez's objection and instruction to the witness violated section c.
Mr. Kasen, an attorney for Ms. Anthony, indicates that he will only allow Ms. Anthony to say her name and claim the objection.
It goes question by question.
