Unlocking the Power of 30(b)(6) Depositions: Essential Strategies for Plaintiff and Defense Attorneys (On-Demand)

Course Description

The corporate representative deposition is ubiquitous, but that is not true of courses discussing its uses and abuses—both its benefits and its limitations. This course explores the tool in general, including the many similarities (and few differences) in the federal and state rules of civil procedure that govern them.

Principles

• What a Corporate Representative Deposition Can Accomplish, and What It Cannot
• Objecting to the Deposition Notice
• Identity of the Witness—Who May (and Should) Testify
• Preparing a Corporate Representative
• Limits on the Corporation’s Obligation to Educate a Representative
• Producing Documents Used to Educate Corporate Representative
• Scope of the Examination—Are Questions Outside Notice Fair Game?
• Supplementing Rule 30(b)(6) Responses
• Costs of Failing to Educate a Representative

Syllabus

1. What a Corporate Representative Deposition Can Accomplish, and What It Cannot
2. Objecting to the Deposition Notice
3. Identity of the Witness—Who May (and Should) Testify
4. Preparing a Corporate Representative
   • Prepare As Fully As Possible Even On Broad Topics
   • “Reasonably Available” Includes Third-Party Documents “Within the Control” of the Organization
   • “Reasonably Available” Likely Includes Information Held Only by Former Employees
5. Limits on the Corporation’s Obligation to Educate a Representative
   • The Deponent Need Not Have Personal Knowledge or be the “Most Knowledgeable”
   • The Corporation is Not Required to Explain its Legal Theories
   • Deponent is Not Required to Divulge Privilege or Work Product
   • Deponent is Not Required to be an Expert (but May be Designated as Such)
6. Producing Documents Used to Educate Corporate Representative
7. Scope of the Examination—Are Questions Outside Notice Fair Game?
8. Supplementing Rule 30(b)(6) Responses
9. Costs of Failing to Educate a Representative
   • A Range of Sanctions May Be Ordered
   • The Corporation May Be Barred From Presenting Contradictory Testimony
   • The Corporation May Be Barred From Objecting to Deponent’s Lack of Personal Knowledge or Credibility