What are your thoughts on invoking the rule of sequestration at a deposition in a case in state court? I have heard some attorneys argue that it is inapplicable, while others have argued that it does apply.

And does your answer change if the "extra" person is adverse to the deponent? For instance, a corporate plaintiff having two reps at the defendant's deposition.

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I’ve looked into it. The position I have taken which is supported by case law (don’t have it handy) is you need to ask the judge for a protective order, there is no authority to demand it like at trial.

The situation I had the OC was trying to exclude a spouse in what was a clear ploy to make our witness uncomfortable. If they articulated an actual reason for it, I would have tried to figure out a solution.

But unlike a trial, sequestration for a depo seems impossible and near impossible to enforce/ripe to cause a fight if that’s what OC wants. How are you going to police witnesses for months until trial? Where is the line about what they can talk about?

In the appropriate situation, sure but would be a stretch for me in most circumstances.

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