2006-08-30 17:27:17 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
YES
2006-08-30 17:32:50 · answer #1 · answered by srrsmr 2 · 0⤊ 0⤋
Under the discovery rules of every jurisdiction, they have the right to attend and ask questions. Whether the need to attend or should attend really depends on the circumstances of the case.
In a case with a small number of parties, it can almost be malpractice not to attend. In larger cases, it might not be a big difference. For example, construction defect cases have a lot of depositions. The attorney for the grading contractor doesn't necessarily have to sit through the deposition of the expert testifying on why the paint is chipping.
2006-08-31 01:33:56 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Depends. Witness questioning during discovery would be by a deposition or by a witness statement given to an investigator.
During depositions, counsel representing Plaintiff and Defendant are pretty much always there. So you'd have those two, plus the witness, plus the court reporter.
Witness statements that are given to investigators, generally no - its usually the investigator and the witness who either records it on audio, video, or gets a court reporter to transcribe it. Witness statements are disclosed by whatever party retained the investigator.
Hope that helps you.
2006-08-31 00:37:03 · answer #3 · answered by mistress_piper 5 · 1⤊ 0⤋
Generally a good idea.
In the case of a party, the opposing attorney is normally the one to ask the questions during the deposition, and the other attorney should be there to protect the party's interests and register objection to be ruled upon later by the judge.
In the case of a non-party witness, both sides are permitted to question the witness, so the absence of an attorney would be detrimental to that side.
2006-08-31 00:35:31 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
Yes, that is what the discovery process is. Since the lawyers represent the complaintant and the defense, both lawyers need to be present to confirm the evidence.
2006-08-31 00:33:38 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Not during depositions. Depositions are intended for the side that is asking for them. Both sides can ask for them. You don't have to submit to them. So only one side is asking the questions. Discovery laws provide for exchange of such depositions, especially if they are exculpitory. In many cases both sides will agree to do depositions together to save time. They don't have to. It is a courtesy.
2006-08-31 00:38:10 · answer #6 · answered by LORD Z 7 · 0⤊ 0⤋
Certainly, because one lawyer cannot question the other party without the other party's lawyer being there except in rare cases by particular arrangement.
2006-08-31 02:31:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
by legal standing yes both have to attend. my opion?
2006-08-31 00:33:11 · answer #8 · answered by the_silverfoxx 7 · 0⤊ 0⤋
not neccesarily.
2006-08-31 00:32:30 · answer #9 · answered by Chuck Dhue 4 · 0⤊ 0⤋