Common use of Defendant Not in Custody Clause in Contracts

Defendant Not in Custody. A defendant who is not in custody has the right upon re- quest to be present at the deposition, subject to any conditions imposed by the court. If the government tenders the defendant’s expenses as provided in Rule 15(d) but the defendant still fails to appear, the defendant—absent good cause—waives both the right to appear and any objection to the taking and use of the deposition based on that right.