The plaintiff brought a motion to exclude a defendant from her examination for discovery, citing intimidation and fear of tailored evidence.
The court dismissed the motion, affirming a litigant's inherent right to be present at discovery unless exceptional circumstances, such as a real and substantial probability of intimidation or evidence tailoring, are proven.
The court found the plaintiff's discomfort and anxiety insufficient for exclusion and noted the defendant's evidence could be impeached by prior statements.
Costs were awarded to the successful defendants on a partial indemnity basis.
