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The testimony of a Rule 30(b)(6) designee goes to the knowledge of the corporate entity, not of the individual representative of the organization. Rule 30(b)(6) designees present the organization's position on the noticed topics and provide the entity's interpretation of events and documents.
Federal Rule of Civil Procedure (?FRCP?) 30(b)(6) governs the depositions of organizations, including corporations, partnerships, associations, and governmental agencies. The party seeking to depose the organization must ?describe with reasonable particularity the matters for examination? in its deposition notice.
Summary. Rule 30(b)(6) allows for depositions of corporate representatives and their testimony is binding on the company. Counsel for noticed companies should review 30(b)(6) notices carefully and object if the notice seeks out-of-bounds testimony.
Rule 30(b)(6) allows for depositions of corporate representatives and their testimony is binding on the company. Counsel for noticed companies should review 30(b)(6) notices carefully and object if the notice seeks out-of-bounds testimony.
The first step in protecting the prospective deponent from an improper 30(b)(6) notice is to confer with opposing counsel in an attempt to clarify or limit the objectionable topics. For this purpose, written objections may certainly serve as a starting point.