Ind. Marion Cnty. Mass Tort Local Rule LR49-TR30 Rule 709

A. If a party has a good faith belief that the health and medical condition of their client or a

witness requires that a videotaped deposition de bene esse be taken of such witness, they shall provide

to defendants not less than 20 days prior to the date set for such deposition, the following information:

1. Written notice of their intent to take such a deposition to all defendants (to their counsel

if counsel have appeared for such defendant(s), or to any defendant’s appropriate person for receipt of

service of process if no counsel has yet appeared for that defendant). Such Notice of Deposition shall

be in writing, delivered by facsimile together with hard copy by mail, or by hard copy hand-delivered

to counsel for such defendant (if there is one), or by electronic mail (or similar computer assisted

electronic means), but if and only if such defendant has previously agreed to such service; and,

2. Copies of the following documents:

a. A copy of the Verified Initial Disclosure Statement;

b. Any and all medical and hospital records and reports in the possession of such

plaintiffs’ counsel (except that these are to be delivered to the joint defense records

gathering service);

c. Signed and undated authorizations for the release of all medical and hospital records

(except that these are to be delivered to the joint defense records gathering service);

d. Plaintiff’s Social Security Administration Work History (Form SSA-7050), if

available or establish that such records have been timely requested pursuant to LR

708(D); and,

e. Answers to Defendants’ Master Set of Interrogatories and Requests for Production.

B. The de bene esse deposition shall not occur less than 60 days from the date the Complaint

is filed, other than by leave of Court for good cause shown.

C. Prior to the taking of the witness’s deposition de bene esse as noticed above, the non-noticing party shall have the right to take a discovery deposition of such witness, notwithstanding Rule

704(B).

D. The de bene esse deposition shall occur no less than seven days after the completion of

the discovery deposition, except as by agreement of all parties or by order of the Court.

E. In extraordinary circumstances, counsel may conduct the evidentiary deposition de bene

esse, without the non-noticing party first taking a discovery deposition, if the noticing party’s counsel

can establish to the satisfaction of the non-noticing parties (or, if necessary, the Court) a necessity for

doing so. The non-noticing party shall have the right to conduct cross examination immediately

following the conclusion of the direct examination in the deposition de bene esse, which shall continue

day-to-day until completed, as the witness’s health permits.