Product liability and mass torts partners Daniel Carroll and Michael Zogby and associate Kaitlyn Stone coauthored an article for the New Jersey Law Journal titled “Testimony of Witnesses In-State and Out-of-State: Issues to Consider Under NJ Law.”
The authors explain that the noticing of a company or fact witness deposition raises certain nuanced questions relating to the current role of the witness, location, status as current or former employee, compensation requests, and availability. The article focuses on interactions with current and former company employees under New Jersey law, with attention to implications for out-of-state witnesses involved in New Jersey litigation, and witnesses involved in litigation outside of the state who reside in New Jersey.
Carroll, Zogby and Stone discuss the impact of remote practice and proceedings, including remote depositions and court appearances conducted via video conferencing. They address questions such as which state’s laws govern the deposition when a New Jersey witness is issued a subpoena for deposition in a matter pending in another jurisdiction – New Jersey or the state in which the witness is situated.
The full article is available to New Jersey Law Journal subscribers.
