🎤 Double the Trouble? Decoding the Deposition Duo Dilemma in the Golden State
What's the deal, legal eagles? You've got a big deposition coming up in California, the land of sunshine, avocados, and really detailed civil procedure. You’re ready to grill the deponent like a Saturday BBQ, but you’re wondering: Can you bring in your partner-in-law-crime to run a tag-team questioning operation? Is it a single-mic show, or can you pass the baton for a power play? Hold onto your legal pads, because this is where California law gets a little nuanced—a perfect storm for a lengthy, information-packed blog post!
The short answer, the one that makes everyone in the room nervously adjust their ties, is: It’s generally a one-attorney-per-witness show, but the rules don't explicitly forbid two. Yeah, I know. That’s about as clear as a mud puddle, but stick with me. We're going to dive deep into the Code of Civil Procedure (CCP) and court interpretations to figure out how to navigate this high-stakes scenario without ticking off the judge or, worse, wasting your client's precious dime.
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| Can Two Attorneys Ask Questions At A Deposition California |
Step 1: Grasping the Gold Standard – The One-Attorney-Per-Witness Vibe
In California civil depositions, the general unwritten rule, often considered "typical practice" or "customary," is that only one lawyer per party conducts the primary examination of a witness. Think of it like a boxing match: one challenger steps into the ring at a time. This isn't just about good manners; it's about keeping the process fair, efficient, and preventing what courts sometimes call "harassment" or "undue burden."
1.1 The Absence of a Hard Rule
Here’s the kicker: The California Code of Civil Procedure (CCP) doesn't have a specific statute that throws a big, red 'NO' sign on two attorneys from the same party questioning one deponent. The main rules, like CCP , focus on how the examination proceeds (like at trial, under the Evidence Code), but they don't count the heads of the examining counsel.
1.2 The Seven-Hour Stopwatch
What the CCP does regulate, in a big way, is time. Under CCP , the examination of a witness by all counsel (excluding the deponent's own attorney) is limited to seven hours of total testimony. This is a massive clock on the wall. If two of you are asking questions, that seven-hour limit is split between your combined questions (and the questioning from all other parties), which means you burn through that time way faster. This time limit is a major deterrent to double-teaming unless you've got a killer reason.
Tip: Look out for transitions like ‘however’ or ‘but’.
Pro Tip: That seven-hour limit is no joke. You need to be super strategic. Burning two hours for one attorney only leaves five for every other party and your second-string player.
Step 2: The Tactical "Why"—When Two Heads Are Better Than One
If the norm is one, why would you ever risk the judge's side-eye by bringing in two? Well, sometimes, the legal issues are so gnarly and separated that one brain just can't cover all the bases. This is the exception, not the rule, and it demands justification.
2.1 Complex, Distinct Areas of Inquiry
The most common (and most successful) justification for a duo is when the case involves clearly distinct claims or technical, separate areas of expertise.
Example A (Patent Law): Say your case involves three totally different patents. You could argue that one attorney is a whiz on Patent X and Y, and the other is the guru for Patent Z. Each lawyer sticks to their lane—no crossover. This is a common situation that some federal courts (like the Northern District of California) have considered permissible, but they often require a showing of necessity beforehand.
Example B (Expert Witness): You're deposing a highly specialized expert. One attorney might handle the background, qualifications, and general facts, while the second, perhaps the one with a deep scientific background, tackles the super-technical, meaty opinions. The key here is that their roles are not interchangeable.
2.2 Training the Junior Attorneys
This is less of a litigation strategy and more of a firm-management perk. Sometimes, a senior attorney will let a junior colleague ask a few limited questions to gain experience. This is less likely to be a full-blown "tag-team" situation and more of a gentle handover for five minutes, but it's a real-world reason why more than one attorney might speak up. If you're going this route, be extra respectful of the time and the general decorum.
Step 3: Getting the "Green Light"—How to Avoid a Court Scolding
Tip: Revisit this page tomorrow to reinforce memory.
Listen up, because this is the most actionable part of the guide. You can't just roll up with a surprise backup. To keep things smooth, you need to be transparent and, ideally, get an agreement.
3.1 Get a Stipulation (The Easy Button)
The easiest, most chill way to use a second attorney is to get a written agreement—a "stipulation"—from all the other parties in the case before the deposition date. Attorneys love to complain about each other, but sometimes they'll agree to this for a variety of reasons. If you can get this in writing, you’re golden.
3.2 File a Motion (The Hard-Core Move)
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If the opposing counsel is playing hardball, you might have to go to the judge and file a motion for a protective order or a motion in limine (though technically depositions are discovery, not trial, the principle is similar). You will need to clearly explain to the court why the tag-team approach is necessary, citing the distinct subject matters or the complexity of the testimony. You must show that a single attorney conducting the entire examination would be unfair or inefficient given the scope.
3.3 The Risk of the "Ambush" Tactic
What if you just show up and start asking questions? You run the risk of the opposing counsel immediately suspending the deposition to call the judge or file a motion for a protective order, likely seeking sanctions against you for misuse of the discovery process (CCP ). Courts have upheld the one-attorney rule in some jurisdictions (even federal ones like the Northern District of California) and found that not getting advance agreement is a risky maneuver. Don't be that lawyer. Ask for permission, not forgiveness.
Step 4: Maintaining Professional Composure (Don’t be a Clown)
Tip: Watch for summary phrases — they give the gist.
If you do get the nod for two lawyers, your conduct is under a microscope. Remember, depositions are governed by the same rules as trial for examination and cross-examination (CCP ). No matter who's asking, you must be a pro.
4.1 No Double-Teaming Harassment
The biggest risk is that the court perceives the dual questioning as harassment or an attempt to intimidate the witness. Don’t have Attorney A ask a question, and then immediately have Attorney B jump in to re-ask it from a different angle. That’s a fast track to sanctions and an angry judge. Maintain distinct roles.
4.2 Be Mindful of the Deeper Purpose
Remember, the purpose of a deposition is to discover facts and lock in testimony. It’s not a chance to grandstand, confuse the witness, or simply burn the clock. If your questioning strategy seems designed to wear down the deponent, the court will shut it down faster than a bad internet connection. Keep it clean, keep it focused, and stick to your area of assigned inquiry.
FAQ Questions and Answers
Can two attorneys from different parties question the deponent?
Yes, absolutely. The CCP anticipates that attorneys for all parties in the case are entitled to attend the deposition and ask questions, which means multiple lawyers from different parties will question the witness. The seven-hour time limit is the total time for examination by all counsel, other than the deponent's own lawyer.
Tip: Read at your natural pace.
How do I object if the opposing side uses two attorneys without notice?
The defending attorney should immediately state an objection on the record (e.g., "Objection, multiple examiners from the same party, harassing and a misuse of discovery") and then suspend the deposition to move for a protective order or contact the discovery judge/referee. It's a procedural move to protect the deponent from undue burden.
Does the seven-hour rule apply to depositions of expert witnesses in California?
No. Under CCP , the seven-hour total testimony limit does not apply to the deposition of a witness designated as an expert witness. This makes a two-attorney approach slightly more practical in complex expert depositions, but you should still seek a stipulation or court order to avoid later disputes about harassment.
Can a second attorney from my firm attend the deposition without questioning the witness?
Yes. Any party's attorney is generally entitled to attend the deposition (CCP ). It is very common for multiple lawyers to attend, even if only one is designated to conduct the examination, for the purpose of listening, taking notes, or assisting the examining counsel without speaking on the record.
What happens if I exceed the seven-hour limit in a non-exempt deposition?
Unless a clear exception applies (like an expert witness, complex litigation, or a deponent who impedes the examination), exceeding the seven-hour limit without a court order leaves you open to a motion for a protective order or, more likely, a motion for monetary sanctions against you and your client for misuse of the discovery process. It's a costly mistake.
Would you like me to research specific California case law that illustrates a court granting or denying a motion to allow multiple attorneys to question a deponent?
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