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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.
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
Rule 30(b)(6) creates obligations on both sides: the side being deposed has an obligation to prepare one or more witnesses to testify, and the side taking the deposition has an obligation to ?designate with painstaking specificity, the particular subject areas that are intended to be questioned, and that are relevant ...
Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.
Rule 30(b)(6) testimony of third-party organizations can also be used at trial, provided it is admissible under the Rules of Evidence. Testimony taken under Rule 30(b)(6) may be presented at trial through a transcript read to the trier of fact or through a recording of the deposition.
(a) Taking depositions Any party may take an oral deposition by telephone, videoconference, or other remote electronic means, provided: (1) Notice is served with the notice of deposition or the subpoena; (2) That party makes all arrangements for any other party to participate in the deposition in an equivalent manner.
In any case, including multiple defendants or consolidated cases, no person shall be deposed more than once except by consent of the parties or by order of the court issued on good cause shown. A witness who refuses to obey a duly served subpoena may be adjudged in contempt of the court from which the subpoena issued.
?The proper procedure to object to a Rule 30(b)(6) deposition notice is not to serve objections on the opposing party, but to move for a protective order.? Beach Mart, Inc. v. L & L Wings, Inc., 302 F.R.D. 396, 406 (E.D.N.C.