Tucker Ellis & West LLP

Notice, Selection, Preparation, and Privilege Issues for Corporate Representative Depositions

Spring 2010

By: Carter E. Strang and Arun J. Kottha

DRI's In-House Defense Quarterly

Federal Rule 30 (b)(6) is the vehicle for taking depositions of corporate representatives in civil cases. These depositions have some distinct characteristics and contain traps for the unwary. Unfamiliarity with the rule’s provisions can prove disastrous for a noticed corporation and a bonanza for the noticing party.

Notice ProvisionFederal Rule of Civil Procedure’s 30 (b)(6) notice provision states:In its notice or subpoena, a party may name as the deponent a public or pri-vate corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination.  Following the truism that “you cannot understand the present if you do not under-stand the past,” we will begin to discuss of the rule’s notice provision by reviewing the history that gave rise to it.  Read More...

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