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Objecting to a Rule 30(b)(6) Deposition Notice

November 23, 2021 - American Bar Association, Section of Litigation, Mass Torts Litigation

Publications

Objecting to a Rule 30(b)(6) Deposition Notice

November 23, 2021 - American Bar Association, Section of Litigation, Mass Torts Litigation

Rule 30(b)(6) of the Federal Rules of Civil Procedure provides a mechanism through which litigants may depose corporate representatives, as designated by the corporation. These depositions can have serious consequences because the witness’s testimony is binding on the company. Companies should closely review 30(b)(6) notices to determine whether the deposing party seeks any out-of-bounds testimony. If the notice conflicts with the rules, counsel for noticed companies can take several steps to protect their clients, including filing written objections, conferring with opposing counsel, and (if all else fails) filing a motion for a protective order.

Read the article here for objections counsel should keep in mind when reviewing the 30(b)(6) notice.

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