Legal Question in Civil Litigation in California

Depositions

Is it necessary for both side to be present at deposition hearings?


Asked on 7/15/00, 1:15 pm

2 Answers from Attorneys

John Ferry Law Offices of John C. Ferry

Re: Depositions

By definition, both parties will have to be there, assuming that one party has noticed the deposition of the other. If, however, the witness is a third party, it is not required that a party other than the one who noticed the deposition be present, however, there is a consequence. You will: (1) miss out on the opportunity to ask questions of the witness, (2) not be able to object to any of the questions or answers which might subsequently be used in court and (3) unless you have a very good reason for not being present, you will not be able to question that witness at a later date.

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Answered on 9/08/00, 6:55 pm
Benjamin Pavone Benjamin Pavone, Esq.

Re: Depositions

No. Only the attorney (or party) noticing the deposition and the witness need attend.

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Answered on 9/08/00, 6:58 pm


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