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March 16, 2004

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Chuck

In my jurisdiction (which I choose not to identify, with apologies), the rule is quite clear as to parties, though I haven't dealt with the issue when it comes to non-party "observers." A motion to exclude a party from a deposition will undoubtedly be denied. But I can foresee circumstances in which a non-party observer could be excluded by court order. That's assuming, of course, that counsel desiring the observer's presence was foolish enough to let opposing counsel know ahead of time that the observer was going to attend, leaving enough time for a motion for protective order to be filed.

Evan

"Was foolish enough to let opposing counsel know ahead of time" . .

In Illinois, we can stop a deposition that's become abusive, harassing, etc., in order to seek a motion for a protective order. So even if you learned about something just before the deposition, you could continue the deposition. The risk is that if you lose the motion, you might have to pay the other sides' costs.

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