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The thirty interrogatories permitted as a matter of right are to be computed by counting each distinct question as one of the thirty, even if labeled a sub-part, subsection, threshold question, or the like.
Under FRCP 30(b)(6) and ORCP 39(c)(6) (collectively ?Rule 30(b)(6)?), a party to a lawsuit has the right to issue a notice for the deposition of a ?public or private corporation, a partnership, an association, a governmental agency or other entity.? The notice must ?describe with reasonable particularity the matters ...
An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he or she states that he or she has made reasonable inquiry and that the information known or readily obtainable by him or her is insufficient to enable him or her to admit or deny.
Unless otherwise permitted by the court for good cause shown, no party shall serve upon any other party more than fifty interrogatories. Each question, subquestion, or subpart shall count as one interrogatory.
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) 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.
Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests ...
Rule (30)(b)(6) applies to depositions of both party and nonparty corporations. For nonparty deponent corporations, the rule requires that the noticing party issue a subpoena.
Unless the parties stipulate or the court finds good cause to allow a specific additional number of interrogatories, a party may serve on any other party no more than 40 written interrogatories, including all subparts. Any uniform interrogatory and its subparts will be counted as 1 interrogatory.