Also known as: designate as its representative · designates as its representative · designating as its representative · appointed representative · authorized agent
Written by attorneys · grounded in primary & secondary sources — see below
An officer or employee of a party that is not a natural person who is chosen by the party's attorney to remain in the courtroom during the testimony of other witnesses. The designation exempts that individual from a sequestration order that otherwise excludes witnesses to prevent them from hearing one another's testimony.
Dakota Industries faces a contract dispute and its attorney designates the company's vice president of operations as its representative. The court permits the vice president to remain in the courtroom throughout the testimony of other witnesses. Because the vice president was properly designated, the sequestration rule does not require his exclusion.
The state designates its lead investigator as its representative in a criminal prosecution. The trial court allows the investigator to stay in the courtroom after the first witness testifies. The designation satisfies the exception to the sequestration rule, so the investigator's presence does not constitute error.
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The party's attorney makes the designation. The rule requires only that the attorney select an officer or employee of the non-natural-person party. No further court approval is needed for the exemption to apply.
Yes. The exception applies only to an officer or employee of the party. An independent contractor or outside consultant does not qualify even if the attorney wishes to keep that person in the courtroom.
The rule permits only a single designated representative. Multiple officers or employees may not all remain under this exception. The attorney must choose one.
The representative may testify, but the designation allows presence even if the person will be a witness. The rule's purpose is to let the party have someone present who can assist counsel throughout the trial.