Legal Question in Discrimination Law in Tennessee

Re: depositions

It all really depends upon the particular facts and circumstances surrounding a specific case. I would defer to the professional judgment of the attorney handling the case.

As a general rule, a defendant always wants to depose the plaintiff first. It is the practice in most jurisdictions that depositions are taken in the order in which they are noticed. Therfore, if the defendant notices the deposition of the plaintiff first, that is who will be deposed first. It is up to the defendant to decide in what order it will depose the plaintiff and plaintiff's witnesses. Because a party can attend all of the depositions, an adverse party (such as the defendant in your scenario) willl depose the other party and then move on to her witnesses so the plaintiff cannot "go to school" on the other witnesses.

As I say, each case is different, but largely witness order is an art not a science. Trust your lawyer. If you can't trust your lawyer, get a new one.

I hope this helps.