– The court reporter;
– An individual acting under the direction of the court reporter;
– A party (if that party is an individual);
– If the party is not an individual, one representative other than the party’s attorney;
– The parties’ attorneys;
– A non-attorney member of the attorney’s staff needed to assist in the representation;
– The witness;
– An attorney for the witness; and
– An expert witness expected to testify on the subject matter of the deposition.
So what does this mean? The “nurse advisor” was not a party, a party’s attorney (or the lawyer’s employee) or expert witness in the case. Moreover, there was no court order or agreement among the parties. Even though the nurse advisor once had a right to attend the deposition, that door is now CLOSED.
Bottom Line: Know who can – and cannot – attend a deposition before you go. You may be able to prevent a party’s non-expert “advisor” or any other individual not listed above, from attending and interfering with the process.
If we can help with this, or anything else, please contact us.