Yes, this question occasionally comes up. Generally the parties have the right to attend all depositions. What about others?
It came up in A-12-670187-B on 09/24/2013 during one of three telephone conferences arising from a deposition. The “B” designation means it was handled in the local business court, where the district court judges resolve their own discovery disputes.
Ms. Bliss [attorney] advised with her is pharmacist Darlene Wild and Mr. Brown is the witness being deposed. Mr. Brown objected to the presence of an employee of Getty that is not party to the case. Ms. Bliss argued Ms. Wild is a representative of the pharmacy; the representative of the trust, however, waived her appearance. COURT ORDERED, objection OVERRULED; a party may have a representative attend a deposition; the pharmacist has been identified as a representative of Getty’s Corp; however, she may not speak; she may communicate with counsel during breaks or pass notes.