I am representing myself Pro Se in a NJ matter. I am planning to schedule a deposition of key witnesses, including the Plaintiff. I would like for an Attorney admitted in NY to ask the witnesses the questions during this deposition. Is this permissible OR must this attorney be admitted Pro Hac Vice in NJ in order to ask these questions/conduct deposition? The NY Attorney will not appear in court on my behalf, but if possible would conduct the pre-trial depositions.
Secondly, assuming NY Attorney can ask questions during deposition, can the attorney do so via teleconference if they are unable to be present in the room with us?
I appreciate your time in answering this questions.
An attorney who is not licensed in New Jersey may not particpate in NJ proceedings, unless they have made an application to appear pro hac vice and the Court has granted that application.
Either you are Pro Se or you are not. You can't have it both ways.
Good luck.
MARY TOM, ESQ.
HUNZIKER, JONES & SWEENEY, P.A.
Wayne Plaza II
155 Route 46 West
Wayne, NJ 07470
Phone No. (973) 256-0456
Fax No. (973) 256-4784
James Alexander AbateDUI / DWI AttorneyWestfield, NJ ·
If you are appearing pro se, then i do not see how you can have an attorney ask questions regardless of the bar affiliation. I have heard the argument that Practicing law, means appearing in court, not depositions. I don't believe that is on firm legal ground. But more importantly, you cannot have anyone take part in the deposition, outside the parties and their attorneys, without agreement of your adversary.
Personally I don't think that you are prohibited. As a litigation attorney, I have taken depositions of witnesses across the country, in cases that were filed in CA where I am admitted, and I have never encountered any rules that mandate that I be admitted in the state where I'm taking the deposition. It would be different if I were appearing in Court, or attempted to file the case in the other states, in which case I would have to be either formally admitted or admitted on a limited basis (pro hac vice). If you have any concerns, check with the State Bar in both NY and NJ and see if they require admission for the simple task of taking a deposition.
William A FeldmanEmployment / Labor AttorneyFairfield, NJ ·
There are several issues. The NY attorney may risk criticism for doing as you propose, but I see nothing that prevents his participation as your associate counsel. More than one attorney can take part on behalf of a party at virtually any stage.
I am also unaware of anything preventing his asking questions via a talephone connection during the deposition. The worst thing that can happen-- I would think, and without seriously researching the point-- is that the opposing counsel may refuse to proceed and you will have to back down or have the NY-er make a motion to be admitted pro hac vice by court order and then reschedule the deposition, assuming the discovery end date doesn't prevent same.
