Deposition Outline Checklist: Plaintiff’s Deposition of Defendant’s Employees: General Questions

DEPOSITION OUTLINE CHECKLIST: DEPOSE DEFENDANT’S EMPLOYEES

CORPORATE INFORMATION

For corporate representatives, officers or directors elicit the following information:

Type of business entity.

If incorporated, state of incorporation.

If a partnership, identify all partners, limited and general, etc.

Identify articles of incorporation and corporate by-laws.

Describe all related entities, subsidiaries, wholly owned or partially owned.

Net worth information regarding defendants and any related entities and parent corporation who may be potential defendants (note if the company in question is publically traded, much of this information should be available through the SEC and on the Internet).

KNOWLEDGE OF THE FACTS

What is the witness understanding of the facts surrounding plaintiff’s complaint/claim.

How did the witness gain this understanding (i.e. first-hand knowledge, through an investigation, something he overheard, etc.).

Identify documents the witness has reviewed which discuss or relate to plaintiff’s claims.

Did the witness participate in any investigation or give any statements concerning the plaintiff’s claims.

List persons who the witness believes have knowledge of plaintiff’s claims.

what general knowledge each witness has.

What is the witness’s understanding of any action by the company in response to plaintiff’s claims (have the witness give dates, names of persons involved and any other relevant information that he is aware of).

Is the witness aware of how the wrongful conduct effected the plaintiff.

Did he ever discuss the wrongful conduct with the plaintiff.

How did the plaintiff act, what did the plaintiff say.

Did the plaintiff appear to be distraught or upset.

Did the witness notice if the plaintiff’s performance or ability to work suffer following the wrongful act(s).

If the witness was personally involved or responsible for the investigation, have the witness discuss what happened, what was done, what procedures were instituted or followed.

Discuss any relevant documents generated as a part of the investigation. Use the witness to clear up anything that is illegible, unclear, etc. that the witness has knowledge of.

Use the witness to identify the sources of information, who drafted unsigned documents, the origin of documents contained in any investigative or employment files relating to the complaint.

If the witness was involved in the corporate action resulting from the investigation, discuss the specific details of what actions was taken, who made the decisions and the rationale for any decisions made.

After you have thoroughly discussed the details concerning the plaintiff’s complaint any subsequent investigation and/or employment action, then question the witness about corporate policies and procedures which were applicable and/or should have been followed.

Before showing the witness any policies or procedures, explore the witness’s knowledge concerning relevant policies and procedures (i.e. anti-harassment policies, policies related to complaints and investigations, policies related to employee disciplinary measures, suspension, termination, etc.).

For each relevant policy cited by the witness, inquire as to the reason or rationale for the...