Alvin Lee and Chad Smith
On June 12, the committee charged with proposing amendments to the Federal Rules of Civil Procedure will meet to discuss what could become the first substantive change to Rule 30(b)(6) since it was created in 1970. These changes would impose additional discovery obligations on corporations who receive 30(b)(6) deposition notices, as they would be required to meet and confer “before or promptly after” a 30(b)(6) notice is served regarding the “identity of the witness or witnesses who will testify and the matters on which each will testify.”
Rule Governs Corporate Representatives Depositions
Rule 30(b)(6) is used when a party seeks to depose a corporation itself. In practice, the party seeking a corporate deposition sends the organization it wishes to depose a Rule 30(b)(6) “notice,” which enumerates a list of topics that the noticing party wants to cover at the deposition. The noticed party then selects one or more individuals to testify regarding the topics listed in the notice. Significantly, corporations are bound by the deposition testimony given by their designated witness(es).
