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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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Deposition question

Customer Question

Is it legal to have a family member sit in on a deposition regarding a divorce case?
Submitted: 11 years ago.
Category: Legal
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


The law permits others to sit in on depositions - but the requirements are that they cannot talk during deposition testimony (but can should a question be asked of them by counsel). Others are generally briefed prior to said proceeding.


However, it depends on the case - and whether it's appropriate for another to be present during deposition - as it can be intimidating and/or a distraction for the deponent as well as for attorney taking the deposition. Thus, opposing counsel and/or the attorney representing the deponent may not wish for anyone else to be present at the time, and will so state.


If you have any further questions, please let me know.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

Customer: replied 11 years ago.
Reply to The Mystic Wave's Post: I was not happy with that answer, and I want something stated in the law books that if the defendant requires a relative to sit in on the deposition he has that right to do so.

thank you
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


I appreciate your feedback - and I'm sorry that you are not happy with my previous response, my response was most correct. However, I read your ORIGINAL QUESTION correctly and you did not specifically state that you wanted such law cited. No problem.


Please know that I am sorry to inform you but I do not have access to law books at this time. Thus, you will need to contact a paralegal's office or an attorney or you can go to the law library or to your public library to obtain such information.


Law is such that if a deponent wants a relative or other such person (friend) to sit in on a deposition, that in certain cases they HAVE THE RIGHT TO DO SO. (SEE MY ORIGINAL RESPONSE ABOVE that explains certain reasons)........Such persons are attending to lend "moral" support.


This is a general law that applies in all states - and concerning any field of law (family law, criminal, personal injury, medical/legal malpractice, etc.)


Perhaps you may find the following useful:


Surviving a Deposition


Obnoxious Deposition Tactics: A Concise Guide to the Oklahoma Discovery Code


Please note once again - I do not have access to law books at this time - thus, I cannot provide you with the exact Rules of Court - also, please note that I am not sure as to what state you are referring to (although I see that you are from Arizona)...If you wish, you can provide me with further information, if you believe that this response herein is not helpful.


I would encourage you, however, to seek the advice and counsel of an attorney to confirm what I am sharing with you. My time and effort in doing research on the "internet" for you was extensive, but it was my pleasure in order to assist you, accordingly.


Please take care.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

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