As part of the KCMBA’s ongoing commitment to professional development, this CLE course, “Fact Witness Depositions: The Backbone of Your Product Liability Case,” offered insight into leveraging fact witnesses.
Presented by Brian Franciskato, Partner, Nash & Franciskato. Delivered June 30, 2025. Part of the Kansas City Metropolitan Bar Association’s CLE by the Hour Program.
A deposition is a formal procedure where a witness provides sworn testimony outside of the courtroom, typically during the discovery phase of a lawsuit. Attorneys conduct a detailed questioning process to uncover and clarify relevant facts, circumstances, and events about the case.
Fact witnesses are individuals with direct, firsthand knowledge of relevant events. They provide testimony based on their personal observations or experiences, which are crucial in:
We use our fact witnesses to help the jury understand the facts. The more you can build your case on objective fact witness testimony, the more powerful it will be.
Potential fact witnesses may include:
Within these categories, you will find a list of potential defendant fact witnesses to depose. The key is to identify individuals who bring clarity, reliability, and persuasive power.
Preparing for the deposition is essential for both the witness and the attorney. An effective preparation plan is built upon repeated meetings and should address:
Defense teams may attempt to disrupt your fact witnesses. Depositions of the defendant’s witnesses often cover:
These witnesses can be especially valuable for establishing key aspects of liability:
Fact witness depositions are a vital part of the legal process, providing essential testimony that can influence the outcome of a case.
Brian Franciskato
A partner at Nash & Franciskato, Brian represents plaintiffs in serious personal injury and wrongful death cases, as well as mass torts involving defective medical devices.
Nash & Franciskato Law Firm
A firm dedicated to nationwide representation of clients affected by automobile and trucking accidents, wrongful death, product liability, defective drugs, medical devices, and more. The firm is dedicated to helping people who are seriously injured by others.
The Kansas City Metropolitan Bar Association (KCMBA) is the largest and oldest bar association in the Kansas City area. Founded in 1884, KCMBA utilizes its rich tradition as a platform to provide current, innovative, and relevant service to its 5,000 members in its nine-county service territory in Missouri and Kansas.
The mission of KCMBA is to serve its members and its community by promoting justice, professional excellence, and respect for the law.
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