Kahnke In Minnesota Lawyer Regarding Deposition Witnesses in Complex Cases

Litigators are faced with a number of challenges when defending witnesses in depositions in complex litigation. Minnesota Lawyer recently published an article on the subject entitled, "Defending Depositions in Complex Cases," and sought out Faegre & Benson attorney Randy Kahnke for comment.

Kahnke believes it is crucial to prepare a witness prior to a deposition, noting that poor depositions can be judged harshly.

He told the publication that if a witness makes a mistake in a deposition, "it'll be blown up the size of a billboard" and "flashed in front of every decision maker in the case. … It's one of the reasons they've got to stay sharp."

Specific instructions and tips should be given out beforehand to help the witness do his or her best. For instance, a litigator should encourage the witness to pause after every question. Also, witnesses should be informed beforehand that they will be videotaped.

"If all of a sudden they are on camera, you can have an unnecessary - and it could be problematic - stress factor. You do not need that," Kahnke told Minnesota Lawyer.

The full Minnesota Lawyer article is available to subscribers only. Read more.