312-49 · Question #82
Deposition enables opposing counsel to preview an expert witness's testimony at trial. Which of the following deposition is not a standard practice?
The correct answer is B. Only one attorneys is present. A deposition is a pre-trial legal procedure where witness testimony is taken under oath outside of the courtroom. Standard deposition practice requires that both attorneys (the deposing attorney and the witness's attorney) are present, there is no jury or judge, and opposing…
Question
Deposition enables opposing counsel to preview an expert witness's testimony at trial. Which of the following deposition is not a standard practice?
Options
- ABoth attorneys are present
- BOnly one attorneys is present
- CNo jury or judge
- DOpposing counsel asks questions
How the community answered
(32 responses)- A6% (2)
- B91% (29)
- C3% (1)
Explanation
A deposition is a pre-trial legal procedure where witness testimony is taken under oath outside of the courtroom. Standard deposition practice requires that both attorneys (the deposing attorney and the witness's attorney) are present, there is no jury or judge, and opposing counsel asks questions to preview testimony. Having only one attorney present is NOT standard practice - both parties have the right to attend and participate. The absence of one attorney would raise due process concerns and undermine the purpose of a deposition.
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