Under Federal Rule 30(b)(6), a party may name an entity as a deponent by identifying topics on which the entity is to testify with reasonable particularity. If the requesting party meets that obligation, then the entity must designate one or more people to provide testimony on the topics. That testimony binds the corporation. Sounds easy, right? Not always. Corporate depositions can quickly become challenging for the examining attorney, the deponent, and the attorney defending the deposition. This program will provide practical guidance drawn from disputes typically before the bench on how attorneys should prepare for, conduct, and defend corporate depositions and, importantly, how to avoid sanctions.
Principles
- A properly drafted 30(b)(6) notice is the foundation of the deposition.
- The requesting party must identify deposition topics with reasonable particularity. Clear, specific topics help define the corporation’s obligation, reduce disputes over scope, and make the resulting testimony more useful and defensible.
- The corporation has an affirmative duty to prepare its witness.
- A 30(b)(6) witness is not merely testifying from personal knowledge. The entity must educate and prepare the designated witnessso that the witness can provide information reasonably available to the organization concerning the noticed topics. The testimony is attributable to the corporation, making preparation especially important.
- Deposition conduct should be driven by the defined scope—not by gamesmanship.
- Examining counsel should stay within the noticed topics and avoid unnecessarily broad questioning, while defending counsel should make appropriate objections without improperly obstructing legitimate examination. When disputes cannot be resolved through ordinary objections, protective orders or court interventionmay be appropriate.
- Counsel should know when to stop and seek judicial relief.
- Not every problematic question warrants terminating a deposition. Attorneys should distinguish between ordinary objections and circumstances that justifyending the deposition, seeking a protective order, or filing a motion.Strategic restraint can prevent an otherwise manageable dispute from becoming a sanctions issue.
- Avoiding sanctions requires preparation, cooperation, and good-faith compliance.
- The strongest protection against sanctions is demonstrating that both sides acted reasonably: the notice was sufficiently specific, the corporation made a meaningful effort to prepare its witness, counsel followed the rules governing objections and examination, and disputes were addressed proportionately. 30(b)(6) practice rewards preparation and professionalism far more than obstruction or ambush.
Syllabus
- What is required in a notice
- When are objections or a protective order appropriate
- What is the entity’s obligation
- What is the scope of the deposition
- When should you terminate, file objections, or seek a protective order
- What is expected of the 30(b)(6) witness
- How does the witness obtain knowledge
- How to avoid sanctions
