Helfferich v. Farley

John F. Shea, Jr., J.

The defendants have moved for an order authorizing them to take the depositions of each of the two plaintiffs without the presence of the other plaintiff. The defendants have cited as reasons for the motion the claims that the credibility of the plaintiffs is an essential issue and that separate depositions would prevent one plaintiff from shaping his answers to corroborate the testimony of the other. The plaintiffs have objected to this motion on the basis that both plaintiffs are parties to the action and therefore have a right to be present during the taking of any…