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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 9865
Experience:  30 years of corporate, litigation and international law
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The Defendants lawyer is going to show up to depositions on

Customer Question

The Defendants lawyer is going to show up to depositions on one day with 2 current employees and 2 former employees.Can I bar all but one employee at time during depositions. I don't want them all in the same room while I ask them one at a time.
What rule of civil procedure can I use to keep only one deponent and Defense lawyer in the room per deposition?
Submitted: 4 months ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 4 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

I did not find a specific rule on point nor a case on point. However, under Rule of evidence 615, a judge is required to exclude witnesses from hearing trial testimony of other trial witnesses. It is on the basis of this rule that people assert other witnesses can be excluded from a deposition. You would need to make a motion for protective order to exclude these other witnesses. The other party has the right to designate a particular officer or director to serve as the party's representative with the right to appear at all depositions and testimony. Your motion would seek to require the other side to designate their representative and then exclude all other witnesses.

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