Can anyone sit in on a deposition?
The Basic Law: Parties and their counsel have the right to attend a deposition and others may attend unless the court orders otherwise. Thus, anyone can attend unless the court issues a protective order IF an “affected” person seeks and obtains such an order.
Can lawyers object during depositions?
Even though the same rules do not apply to depositions as to testimony given during a hearing or during a trial, attorneys can and do object to some questions during a deposition. Many of the objections that apply in court do not apply in a deposition; however, some objections are acceptable in a deposition.
How long can a deposition last in New York?
In the Commercial Division of New York State Supreme Court, however, depositions are limited to 10 in number per side, and each deposition is limited to 7 hours, as in federal court.
Who is not present during a deposition?
There is no Federal Rule of Civil Procedure that bars non-parties from attending. Although, usually the only people who come to the deposition are the person being questioned (also known as the deponent), the lawyers from both sides, and the court reporter or videographer.
What are the usual stipulations in a deposition?
Study the Rules I now know that the “usual stipulations” mean that you are reserving, not waiving, your objections until the time of trial, except objections as to form. You are also agreeing that the deposition was properly noticed and the court reporter is duly qualified.
Is it mandatory to attend a deposition?
While you may be required to attend a deposition, there are also limitations on where they can occur. Under the Federal Rules of Civil Procedure deponents must be given appropriate notice of the time and place of a deposition. These typically take place at an attorney’s office rather than the courthouse.
Who pays travel expenses for a deposition?
Pursuant to Federal Rule of Criminal Procedure 15(d), if a deposition was requested by the government, the court may order the government to pay (1) any reasonable travel and subsistence expenses of the defendant and the defendant’s attorney to attend the deposition, and (2) the costs of the deposition transcript.
How do lawyers prepare for deposition?
Deposition Tips
- Be prepared.
- Think before answering.
- Never volunteer information.
- Make sure you understand the question.
- You must tell the truth.
- Don’t get rattled or upset.
- Don’t guess.
- If you do not remember, say so.