Time To Respond To 30(b)(6) Notice
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How to fill out Notice Of 30(b)(6) Deposition Of Defendant And 30(b)(5) Request For Production Of Documents And Or Things - Discovery?
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FAQ
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.
An important purpose in any deposition of a person most knowledgeable (?PMK?) is to solicit testimony from the person who has the most knowledge about your specific topic, for the relevant period.
Person most knowledgeable are persons who are appointed mainly by Corporations and Government agencies to testify on their behalf. The Federal Rules of Civil Procedure recognize that a corporation may only participate in a lawsuit by relying on the testimony of its designated representatives.
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.
The duty to prepare a Rule 30(b)(6) witness goes beyond matters personally known to the designee or to matters in which the designated witness was personally involved. The rule implicitly requires the corporation to review all matters known or reasonable available to it in preparation for a Rule 30(b)(6) deposition.