After Baez stated in today's status hearing that he would like to have ICA present for the depositions of the Orange County Corrections Officers, HHJP asked Baez if he knew what the rule said.
FRCP 3.220 (h) Discovery Depositions
(7) Defendants Physical Presence. A defendant shall not be physically present at a deposition except on
stipulation of the parties or as provided by this rule. The court may order the physical presence of the defendant
on a showing of good cause. The court may consider (A) the need for the physical presence of the defendant to obtain effective discovery, (B) the intimidating effect of the defendants presence on the witness, if any, (C) any
cost or inconvenience which may result, and (D) any alternative electronic or audio/visual means available.Whaaaa? Can you please explain what that means?
I get the meaning of A, B seems like the choice that Jose would love to use, but C and D just don't make sense to me.
Also, of those reasons to allow a defendant to attend a depo, which one would Jose likely present (motion) to HHJP?
Thanks in advance!