I am suing two defendants who are partners. When I conduct a deposition of one defendant, is the other defendant allowed to be present? Is a non-party allowed to be present?
Employment / Labor Attorney
In California, there are no hard and fast rules about who cannot attend a deposition. In short, unless you can make a sufficient argument for protective order to exclude a witness, let them in.
In any event, any named party is allowed to be present, as well as a representative of any entity defendants. You will lose a motion for protective order every time on these. Husbands, wives, significant others of the deponent are not out of the question.
If any of the attendees become disruptive you have the right to end the deposition and seek a protective order on the basis of the conduct you are seeing. Be sure to make a good record of the bad conduct. In other words, give plenty of warnings before you pull the plug.
Good luck to you.
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