## Introduction

An unresponsive (or nonresponsive) answer is a witness response that evades or does not address the actual question asked. It shows up in court and in depositions and can slow proceedings, inject off-topic or inadmissible statements, and confuse the fact-finder. Because judges control the mode and order of questioning (see FRE 611), courts expect direct answers to direct questions. When a witness goes off track, the examining lawyer typically objects and may move to strike the nonresponsive portion. In depositions, counsel preserve the objection and may later seek an order requiring direct answers (FRCP 30 and 37).

This guide explains what counts as unresponsive, how and when to object, and practical ways to keep the record clean. It’s written for a U.S. audience and is for educational purposes only, not legal advice.

## What You'll Learn

- The meaning of “unresponsive answer” in trials and depositions
- How to object and move to strike at trial
- How to handle unresponsive answers in depositions, including motions to compel
- The judge’s role under FRE 611 and the limits on deposition instructions under FRCP 30(c)(2)
- How to frame questions to reduce evasion and create a clear record
- Witness preparation tips to avoid nonresponsive answers
- Commonly confused objections (e.g., vague, argumentative, assumes facts not in evidence)
- Short examples that show what to say and what courts often do

## Core Concepts

### What Counts as an Unresponsive Answer

At its core, an unresponsive answer does not address the actual question. It may:

- Ignore the topic or fail to give the requested yes/no response
- Add extra, unsolicited facts beyond the scope of the question
- Shift to a different time, person, transaction, or issue
- Provide commentary rather than facts

Typical situations:

- Yes/no questions that get a speech: “Did you see the defendant?” → “There was a lot going on that night…”
- Date-specific questions that get generalities: “Did you approve the April 5 transaction?” → “We handle lots of transactions daily.”

Why it matters:

- It wastes court time and can confuse jurors
- It can slip in inadmissible statements before an objection
- It harms the clarity and efficiency of discovery

In court, the examining attorney usually says, “Objection, nonresponsive” and may follow with “move to strike.” In a deposition, the objection is made for the record, the question is repeated or narrowed, and persistent evasion can lead to a motion to compel (FRCP 37(a)).

### How to Object and Get Relief

In trials:

- Make it timely. Stand and say, “Objection, nonresponsive,” then “move to strike” the nonresponsive portion or the entire answer if needed.
- Ask the court to instruct the witness to answer the question directly. Courts have broad authority to manage testimony (FRE 611(a)).
- If improper material slipped in, request a curative instruction to the jury and, in severe cases, a mistrial (rare and fact-specific).
- On cross-examination, you can ask the court to require a yes/no first, then allow a brief explanation.

In depositions:

- State the objection concisely and without argument (FRCP 30(c)(2)): “Objection to form—nonresponsive.”
- Re-ask the question, narrow it, or direct the witness: “Please answer yes or no, then explain if needed.”
- You generally cannot instruct a witness not to answer unless asserting privilege, enforcing a court-ordered limit, or moving under FRCP 30(d)(3).
- If evasion persists, suspend and move to compel under FRCP 37(a); seek fees for obstruction if warranted.

### Related Rules and Terms You’ll See

- FRE 611(a): Court controls mode and order of interrogation; helps prevent evasion.
- FRE 611(c): Leading questions are typically allowed on cross; they help force direct answers.
- FRCP 30(c)(2): Deposition objections must be concise, nonargumentative, and non-suggestive.
- FRCP 30(d)(3): Motion to terminate or limit a deposition for bad faith or oppression.
- FRCP 37(a): Motion to compel; potential fee-shifting for unjustified resistance.

### How It Differs from Other Objections

Keep “nonresponsive” separate from:

- Vague or ambiguous: The question is unclear; ask to rephrase.
- Compound: Two or more questions at once; split it up.
- Calls for speculation: The witness is asked to guess.
- Argumentative: The question argues rather than seeks facts.
- Assumes facts not in evidence: The question presupposes unproven facts.
- Asked and answered: The same question is repeated.
- No proper basis laid: The examiner hasn’t shown a sufficient basis for the question.

A nonresponsive objection targets the answer, not the question’s form. Still, if the question itself invites evasion (too broad, compound, or vague), tighten it.

### Judge’s Role and the Record

- Judges keep testimony on track (FRE 611), can strike answers, instruct jurors to disregard, and direct a witness to respond simply and directly.
- Preserve the record. Make timely objections, specify exactly what is nonresponsive, and request that the nonresponsive portion be stricken. In depositions, mark the question and answer and consider a follow-up confirming that the witness did not answer.

## Key Examples or Case Studies

Example 1: Witness evasion in cross-examination (criminal trial)

- Question: “Did you see the defendant at the scene at 9:15 p.m.?”
- Answer: “There were sirens and a crowd, and it was chaotic.”
- Problem: The answer does not say whether the witness saw the defendant.
- Response: “Objection, nonresponsive; move to strike. Your Honor, please instruct the witness to answer yes or no.”
- Likely court action: The judge strikes the answer, tells the witness to answer the question directly, and allows a yes/no followed by a brief explanation.

Example 2: Deposition evasion (civil case)

- Question: “Did you approve the April 5 transaction?”
- Answer: “We process many transactions every day.”
- Problem: Evasive and off-point.
- Response: “Objection to form—nonresponsive. Please answer yes or no.” If evasion continues: “We will suspend and move to compel direct answers.”
- Likely court action on motion: An order requiring direct, responsive answers and, if the conduct was obstructive, fee shifting under FRCP 37(a)(5).

Smith v. State (sample pattern)

- Context: Criminal case with repeated unresponsive answers on cross-exam.
- What happened: The court sustained nonresponsive objections, struck off-topic content, and instructed the witness to answer directly.
- Takeaway: Courts often intervene promptly to keep testimony focused on the specific question.

Johnson v. Acme Corp (sample pattern)

- Context: Corporate litigation deposition marked by evasive answers.
- What happened: After multiple warnings on the record, the examining attorney moved to compel. The court granted the motion and ordered responsive answers, plus fees.
- Takeaway: Persistent evasion in discovery can lead to court orders and cost shifting.

Real-world impact you’ll see:

- Discovery efficiency: Evasion increases costs and delays. Prompt objections and targeted follow-up questions keep depositions productive.
- Trial strategy: Clean, direct testimony avoids confusion and reduces the risk that jurors hear inadmissible or off-topic material.
- Judicial management: Judges expect precise questioning and direct answers. They will act to stop evasion and protect the record.

## Practical Applications

For the questioning attorney (trial)

- Ask focused questions. Use specific dates, names, and short clauses.
- On cross, rely on leading questions to tighten the scope.
- When you get an off-topic answer, object immediately and move to strike.
- After the ruling, re-ask the exact question. If appropriate, request a yes/no first, then a short explanation.
- If inadmissible content slipped in, ask for a curative instruction to the jury.

For the questioning attorney (deposition)

- Start with ground rules on the record: listen to the question, answer only what’s asked, and avoid speeches.
- If the answer is nonresponsive, say, “Objection to form—nonresponsive,” and re-ask the question in tighter form.
- Use funnels: broad question → narrower question → yes/no question.
- If evasion persists, consider a short break to reset. If it returns, suspend and move to compel under FRCP 37(a).
- Keep your objections concise and non-suggestive (FRCP 30(c)(2)).

For defending counsel (trial and deposition)

- Prepare your witness: listen carefully, pause, answer the exact question, and stop. It’s acceptable to say “I don’t know” or “I don’t recall” if that’s accurate.
- Remind the witness to ask for clarification if a question is unclear.
- At deposition, avoid speaking objections and do not instruct the witness not to answer unless asserting privilege or following a court order (FRCP 30(c)(2)).

Question design that reduces evasion

- One fact per question. Avoid compound or narrative prompts.
- Time-box and scope-box: “Between 3:00 and 3:30 p.m., did you send any emails to John Smith?”
- Use exhibits to anchor the question: “Directing your attention to Exhibit 12, the April 5 approval screen—did you click Approve?”
- If the witness evades, lock down: “Is that a yes?” “Is your answer that you don’t recall?”

Record-keeping and escalation

- Ask the court reporter to read back the question and answer so the nonresponsive portion is clear.
- Specify what you want stricken: “Move to strike everything after ‘I saw a crowd.’”
- In depositions, identify the exact question numbers for any motion to compel.
- If necessary, seek court intervention during the deposition under FRCP 30(d)(3) for bad faith or oppressive conduct.

Remedies and consequences

- Trial: striking answers, curative instructions, and, in extreme situations, contempt warnings for willful evasion.
- Depositions: orders to answer, fee shifting for obstruction (FRCP 37(a)(5)), and, in severe cases, sanctions for discovery abuse.

## Summary Checklist

- Know the definition: an unresponsive answer does not address the question asked.
- Trial response: “Objection, nonresponsive; move to strike” and request a direct answer under FRE 611.
- Deposition response: “Objection to form—nonresponsive,” re-ask narrowly, and move to compel if needed (FRCP 37(a)).
- Use precise, single-issue questions to limit evasion.
- On cross, use leading questions to keep control (FRE 611(c)).
- Preserve the record: make timely objections and identify the exact nonresponsive portion.
- Prepare witnesses to listen, answer only what’s asked, and avoid volunteering extra facts.
- Distinguish nonresponsive from vague, compound, argumentative, assumes facts not in evidence, calls for speculation, and asked-and-answered.
- Seek curative instructions if improper content reaches the jury.
- In depositions, keep objections concise and non-suggestive (FRCP 30(c)(2)).

## Quick Reference

| Setting      | Rule/Tool     | What to say/do                                     | Typical result                          |
| ------------ | ------------- | -------------------------------------------------- | --------------------------------------- |
| Trial        | FRE 611       | “Objection, nonresponsive; move to strike.”        | Court strikes and instructs witness     |
| Trial (jury) | FRE 611       | Request curative instruction after striking        | Jury told to disregard improper content |
| Deposition   | FRCP 30(c)(2) | “Objection to form—nonresponsive,” re-ask narrowly | Cleaner answer; issue preserved         |
| Deposition   | FRCP 37(a)    | Move to compel direct answers; seek fees if needed | Order to answer; possible fee shifting  |

Unresponsive Answer: Definition, Objections, and Practical Examples