Which deposition practice is not standard?

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

Answer: (B)

Deposition proceedings are conducted under oath with the witness, and the record is created by a court reporter. The typical setup involves both sides’ counsel present so the questioning can be adversarial and properly managed. Opposing counsel questions the witness and can object to questions, while the other side’s attorney can cross-examine and ensure the witness’s rights are protected. There is no judge or jury in a deposition, and the presence of both attorneys helps preserve the integrity of the process and the discoverable record.

Having only one attorney present is not standard because it removes the balance between the parties, preventing proper cross-examination and timely objections. This could allow coaching, improper questioning, or unchallenged statements, undermining the fairness of the deposition.