Legal Question in Civil Litigation in California

Listing of Attorney attending Deposition

I just reviewied a deposition of my client that I recently defended. I note from reading the deposition transcript that it fails to list one of the attorneys for the deposing party who sat in on the deposition, although he did not participate. I thought the court reporter was supposed to list all the attorneys who were present. I can't find this requirement in the newly labelled code sections of the Discovery Act.

Very truly yours,


Asked on 9/27/06, 10:16 pm

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Listing of Attorney attending Deposition

I'll be darned.

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Answered on 10/03/06, 6:49 pm
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Listing of Attorney attending Deposition

Protocol requires the Cert Shorthand Reporter to note all parties in attendance. Send the reporter a letter "demanding" that she augment the transcript to reflect that the other Esq. attended--when you do so, copy in all other lawyers so that there is no hint of ex parte coercion, etc. Send a letter to the "left out" attorney requesting acknowledgement of presence at time.

Regards,

Mark Geyer

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Answered on 10/03/06, 7:08 pm


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