Which deposition scenario is considered a standard practice?

Which deposition scenario is considered a standard practice?

• A. Only one attorney is present
• B. No jury or judge
• C. Opposing counsel asks questions
• D. Both attorneys are present

Answer: (D)

In a deposition, having both attorneys present is the standard practice. This setup ensures that the client is properly represented, questions can be posed and challenged by the opposing side, and objections can be made on the spot to protect the record. The presence of counsel from each side keeps the process orderly, adversarial in nature, and capable of producing a reliable transcript, which is usually prepared by a court reporter. While there is typically no jury or judge in a deposition, the key factor that defines standard practice is that both sides’ lawyers participate to conduct and supervise the questioning, safeguard rights, and preserve a complete, defendable record.

In a deposition, having both attorneys present is the standard practice. This setup ensures that the client is properly represented, questions can be posed and challenged by the opposing side, and objections can be made on the spot to protect the record. The presence of counsel from each side keeps the process orderly, adversarial in nature, and capable of producing a reliable transcript, which is usually prepared by a court reporter. While there is typically no jury or judge in a deposition, the key factor that defines standard practice is that both sides’ lawyers participate to conduct and supervise the questioning, safeguard rights, and preserve a complete, defendable record.