Expert Attending Fact Witness Depo
May my expert attend the other side’s fact witnesses’ depositions?
Answer: Unless someone gets an order invoking “the rule” at depositions, there probably is not a problem. See: Pryor v. Estate of Edwards, 1991 OK CIV APP 49, 815 P.2d 202: “Rule” does not apply to deposition, absent a court order, which rests w/in trial court’s discretion. (Cites federal cases pro and con.)
The federal cases cited in the state case will give you a pretty good clue to which way the federal courts will likely rule. I am unaware of a 10th Circuit or Oklahoma Federal District Court opinion on this and the federal cases in other circuits seem to go both ways.
Posted on Sun, December 5, 2010
by Sharon Coleman filed under