So you’ve been asked to take a fact-witness deposition in a mass tort case. Where do you start? How is this deposition different from fact-witness depositions in single-plaintiff cases? Mass tort depositions present some unique procedural rules that may catch some lawyers by surprise, especially attorneys new to mass torts. They also can present challenges such as learning the case-specific and court-specific rules for your deposition, getting through a large number of documents in a limited time, budgeting time to cover all relevant topics, all while dealing with an opposing attorney that may try to take advantage of your inexperience. This article is not exhaustive of considerations that must be made for prescribing physician depositions, which would deserve an article of its own. This article is also not meant to be an exhaustive list of all the things to consider when embarking on your first fact-witness deposition in a mass tort case. Nevertheless, here are some pointers to help your first fact-witness deposition preparation and deposition go more smoothly.
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