Preparing for, Taking, and Defending Depositions of Class Representatives

In deposing class representatives, the defense counsel's goal is to uncover evidence showing that the plaintiff cannot adequately represent the interests of the entire class and to identify differences among the class representative and absent class members that demonstrate a lack of commonality within the class. Oftentimes in consumer protection cases, the class representative will make other significant concessions.

The class representative's answers to the deposition questions will allow both plaintiff and defense counsel to better prepare for the next steps, depending on counsels' assessment of whether the information obtained strengthens or weakens the adequacy, typicality, and commonality showing.

Listen as our authoritative panel of class litigators discusses effective techniques for taking and defending depositions of class representatives and strategies for using deposition testimony during certification, settlement, and trial.

I. Qualities of a compelling class representative

II. Deposition timing

III. Deposition location

IV. Preparing the class representative

V. Preparing to depose the class representative

VI. Deposition strategies

VII. Post-deposition strategies: class certification, settlement, trial

The panel will review these and other key issues:

• What types of questions and questioning techniques will maximize the information obtained from named plaintiffs during depositions?
• What are effective ways to prepare the plaintiff for their deposition?
• What are some techniques for defending a named plaintiff deposition?
• How are class litigators incorporating social media into the deposition process?
• How can deposition testimony be used during class certification, settlement, and trial?