AAERT Certified Electronic Reporter (CER) Practice Test

Who is considered an Also Present in a deposition?

1. The witness who is also one of the named parties

2. A lawyer who is party to the case

3. The witness

4. Someone present for a deposition who is not a lawyer representing a party to the case, not the witness, and not the reporter

The correct answer is: Someone present for a deposition who is not a lawyer representing a party to the case, not the witness, and not the reporter

In the context of a deposition, an "Also Present" refers specifically to someone who is not a formal participant in the legal proceedings, such as a lawyer representing a party or the witness being questioned, yet is present in the room. This can include individuals like paralegals, clients of the attorneys who are observing, or other individuals whose presence is not integral to the deposition process itself. Recognizing who qualifies as "Also Present" is important because it highlights the distinction between primary participants—those actively involved in the case, such as the witness and party lawyers—and peripheral participants who may learn information from the proceedings but do not have an official role. The other options pertain to roles that are actively engaged in the legal process, such as named parties in the case or their counsel. Hence, they do not fit the definition of "Also Present." Understanding this helps clarify the roles and responsibilities during depositions, ensuring that all attendees are recognized appropriately according to their involvement in the process.