A cross-notice permits counsel in a parallel or related proceeding to attend and examine at a deposition noticed elsewhere, avoiding duplicate depositions of the same witness.
It requires agreement or an order coordinating the proceedings.
Alternative Names:
Cross-Notice of Deposition, Joint Notice
Why it Matters?
Cross-noticing is efficient where the same witness would otherwise be deposed multiple times across related cases, which is common in mass tort and multi-plaintiff litigation. The tradeoff is that testimony given becomes usable in every cross-noticed case, so a defendant coordinating a corporate witness deposition across many actions has created a transcript that will be used in all of them rather than one.
Frequently Confused with
Related terms
Frequently asked questions
Why cross-notice a deposition?
What is the tradeoff?
