Not only is this a wasteful practice that unnecessarily increases litigation costs, in many instances it is a bad litigation strategy. In short, one does not need to and should not depose every possible witness in order to avoid being surprised.
If you shouldn't depose every witness, then which witnesses should you depose? Weltman lays the groundwork for an answer by providing a framework for analyzing each witness in light of your overall trial plan. The second part of Weltman's article will appear in the December issue of Atkinson-Baker's Discovery Update, or see it here at Weltman's Lean and Mean Litigation Blog.