Legal Question in Civil Litigation in California
Depositions
Is it necessary for both side to be present at deposition hearings?
2 Answers from Attorneys
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.
Re: Depositions
No. Only the attorney (or party) noticing the deposition and the witness need attend.