Episode 129 -Lessons from the Front Lines: Can Multiple Lawyers Representing the Same Party Each Object During a Deposition?

In our never-ending mission to ensure you're never caught off guard, no matter what the tactic, today we address the question whether multiple lawyers on behalf of the same party object during a deposition. As always, we discuss the best strategies when using (or defending against) this tactic, and we provide cases on point in the show notes. Have a great week!

SHOW NOTES

Webster v. Target Corporation, Case No. 2:22-cv-11293-MAG-CI, 2023 WL 6509097 (E. D. Mich. Oct. 5, 2023) (holding that there is no prohibition against multiple lawyers for the same party objecting while defending a deponent, but limiting parties to a single attorney during future depositions in the case)

Continental Casualty Company v. Compass Bank, Case No. CV-04-0766-CB-C, 2005 WL 8158673 (S. D. Ala. Dec. 7, 2005) (finding there is no flat prohibition against the practice of having multiple lawyers objecting on behalf of the same party during a deposition)

Fed. R. Evid. 611(a) (authorizing the trial judge to control the mode of examination and presentation of evidence at trial)

Fed. R. Civ. P. 30(d)(3)(A) (allowing for an oral motion to terminate or limit a deposition in progress where it is being conducted in bad faith or in a manner intended to annoy, oppress, or embarrass a party or deponent)

Fed. R. Civ. P. 26(c) (authorizing parties to seek protective orders limiting or otherwise prescribing the manner in which discovery may be conducted)