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Corporate Representative Depositions and Proportionality

Winter 2017 - DRI's In-House Defense Quarterly
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by Carter Strang and Giuseppe Pappalardo, published in DRI's In-House Defense Quarterly

Federal Rule of Civil Procedure 30(b)(6) governs corporate representative depositions, which have a number of unique characteristics and potential traps for an unwary corporation. A lack of familiarity with the rule’s provisions can be disastrous for the noticed corporation and a bonanza for the noticing party. For an overview of notice, selection, and preparation issues in corporate representative depositions—including the role of in-house counsel—in the context of the recent proportionality revision to Rule 26(1)(b), read the article here.