11/12/2025
Depositions — Non-party Attendees
A party might not want an individual to attend a deposition to gain an advantage since he will also be deposed imminently. While the courts want the parties to come to an agreement without the court’s intervention, disputes inevitably arise.
When your client is providing deposition testimony, federal courts for Tampa, Orlando, and Jacksonville generally allow another observer to be present at a deposition.
A proper factual basis establishing good cause would be necessary to seek a protective order from the court. Good cause is not established solely because the non-party attendee might be deposed in the case.
A protective order will only be granted by the court if the moving party can show annoyance, embarrassment, oppression, or undue burden or expense.
What about Florida state courts? Florida’s state courts routinely refer to federal rules and case laws as persuasive guidance.
The Florida Rule of Sequestration. Florida Statute § 90.616 provides that a party may request or the court on its own may order witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses. However, this rule is limited to trials and hearings. A 1990 Florida case held that that there is no unwritten rule of sequestration that would prohibit prospective witnesses from attending depositions. Smith v. Southern Baptist Hospital of Florida, Inc., 564 So. 2d 1115 (Fla. 1st DCA 1990).
