context: By its own terms, Rule 615(2) "does not authorize" the sequestration of a corporate representative. Therefore, the exclusion of a corporate representative from a deposition is governed by Rule 26(c)(5), and the party seeking to exclude a corporate representative at a deposition must show good cause for his exclusion.
citation_a.signal: see also
citation_a.identifier: 487 F.2d 986, 997
citation_a.parenthetical: "The extent of the court's authority to determine those present was enlarged by the 1970 revision of the Rules of Discovery____ In view of the revision, it is clear that the court has the power to exclude even a party, although such an exclusion should be ordered rarely indeed"
citation_a.sentence: See also Galella v. Onassis, 487 F.2d 986, 997 (2nd Cir.1973) (“The extent of the court’s authority to determine those present was enlarged by the 1970 revision of the Rules of Discovery____ In view of the revision, it is clear that the court has the power to exclude even a party, although such an exclusion should be ordered rarely indeed”); 10 Fed.Proc., L.Ed., § 26:166 at 407 (1985) (Under Rule 26(c)(5), the court has the power to exclude even a party). If a deponent does not fall within one of Rule 615’s three exceptions to sequestration, then Rule 615’s mandatory rule of sequestration applies.
citation_b.signal: see
citation_b.identifier: 90 F.R.D. 75, 76
citation_b.parenthetical: Sequestration of an expert witness or a "person whose presence is shown by a party to be essential to the presentation of the party's cause" is not authorized by Rule -615(3
citation_b.sentence: See Skid-more v. Northwest Eng’g Co., 90 F.R.D. 75, 76 (S.D.Fla.1981) (Sequestration of an expert witness or a “person whose presence is shown by a party to be essential to the presentation of the party’s cause” is not authorized by Rule -615(3), but such a person may be excluded from a deposition pursuant to Rule 26(c)(5) for good cause shown).