By Eileen Burkhalter Smith 

I have decided that no matter how many I take, there is always something that comes up in a deposition that I wish I would have considered before we went on the record.  Am I alone in this? If not, here is a short list of my most memorable discoveries…*      

• The Plaintiff has the burden of proof, so generally the Defendant gets to take depositions first.
• Your witnesses are deposed at your office.
• Non-parties get a witness fee (by statute in Tennessee) and experts are paid for their time during the deposition. 
• For Federal cases, there is a time limit for depositions.  In Tennessee State Court there is not. 
• Generally, in State Court, a deposition is a public proceeding and anyone not a testifying witness may be present.
• “Late-filed” exhibits are very rarely collected.  Get these BEFORE the depositions.
• Depositions should not always be considered a way to get all the information.  Consider what you are actually trying to do with it.