The noticing of a company or fact witness deposition raises certain nuanced questions relating to the current role of the witness, location, status as current or former employee, compensation requests, and availability. These questions arise routinely in single, one-off cases, as well as mass torts either inside or outside the state that might involve New Jersey residents.

This article focuses on interactions with current and former company employees under New Jersey law, with attention to implications for out-of-state witnesses involved in New Jersey litigation, and witnesses involved in litigation outside of the state who reside in New Jersey. The article also discusses the impact of remote practice and proceedings, including remote depositions and court appearances conducted via video conferencing. 

Compensation of Fact Witnesses

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