Legal Question in Civil Litigation in California
In California:
Can the defense look at any notes I take during the deposition?
Can the defense look at any notes I bring into the deposition?
I will be attending the co-plaintiffs deposition, are we allowed to converse (whisper) before a question is answered?
I know the defense can ask a witness what we spoke about during a break, but do the same rules apply for co-plaintiffs?
The deposition is being video taped, since I was not asked to approve it, can I reject its use?
In my first deposition portion, I was video taped directly. Now that I must do a second one, do I have a right to have the video angled to include all counsel present in the room? I ask because in the first deposition they used body language intimidation tactics on me such as stares, pointing at me, snickering, whispering to each other, hitting the table with their pointed finger, etc. which caused me to answer some questions inproperly. I would like the jury to see the tactics used.
2 Answers from Attorneys
You can take notes during the deposition, and there is some authority that you can withhold those from production. It would be clear cut in your favor if you were an attorney. Some cases hold that pro pers have attorney work product protection, and some cases say you don't.
The defense is allowed to look at any thing the witness who is testifying reviewed prior to the deposition. If they are not the witnesses notes, don't bring them out.
I have a bad feeling that you think you are going to coach the co-plaintiff. That's not allowed, even if you were an attorney.
Your fourth question confirms my suspicion that you are coaching a witness. If you push hard enough, you may end up with a subornation of perjury charge.
Your approval is not required to video tape a deposition.
If you want opposing counsel video taped, you need to make arrangements for your own videographer.
It sounds like to me that you may be pushing a frivolous lawsuit. If you are, be aware that your name may end up on the statewide vexatious litigant list.
You may not videotape anyone else in the room, even if you bring your own videographer. Unless you are an attorney representing a party, your conversation would not be protected. Not only can you not whisper together before answering, this is a very bad idea, especially on videotape, and may look very bad for you in front of a jury.
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