Ind. Marion Cnty. Mass Tort Local Rule LR49-TR30 Rule 710

A. Attendance by defendant. A defendant shall not be required to attend depositions of

product identification and exposure witnesses identified by plaintiff, unless plaintiff, in good faith, has

identified, along with the notice of deposition or on the plaintiffs’ Witness List, that this witness will

testify regarding a product manufactured, distributed by, or attributed to, that particular defendant; an

alleged exposure upon a premises owned by or in the control of that particular defendant; or an alleged

exposure caused by work performed by that particular defendant. At least seven days prior to the

scheduled deposition of a Plaintiff, coworker, or other identification witness, Plaintiff shall serve

Defendants with a notice containing the names of each Plaintiff for whom the witness will be called

to testify and against which Defendants the witness is offered. These witnesses shall be produced for

deposition by Plaintiff’s counsel without subpoena upon reasonable notice by Defendants. Plaintiff

will be prohibited from relying on or using at summary judgment or trial any evidence from any

witness who fails to appear for a deposition as noticed, without good cause.

B. Use of testimony. If a witness submits an affidavit, testifies in his or her deposition, or

testifies at trial about a product or job site which was not identified with the notice of deposition or on

the plaintiff’s Witness List, plaintiff shall be prohibited from introducing that testimony at trial, using

that testimony in opposition to a motion for summary judgment or using that testimony in any other

manner against the defendant who did not receive proper notice. Plaintiff may be allowed to utilize

such testimony, however, upon giving those defendants, who were only identified by such witness

subsequent to the issuance of the original notice of deposition, proper notice and a chance to re-depose

this witness as to issues regarding their products, job sites, or work at issue.

C. Video Depositions. Any party may videotape a deposition taken in a case subject to these

Local Rules after providing advanced written notice pursuant to Ind. R. Trial P. 30(B)(4). Any party

or parties who videotape a deposition must videotape the entire deposition and be responsible for the

expense related to the videotaping.