This month, we discuss Keepers, Inc. v. City of Milford,1 in which the U.S. Court of Appeals for the Second Circuit clarified the circumstances and manner in which a corporate party can supplement its prior deposition testimony through additional testimony or affidavits under Rule 30(b)(6) of the Federal Rules of Civil Procedure. The rule provides for the deposition of a corporation or other similar entity by an individual or individuals designated by the corporation to provide testimony on its behalf.
At issue in Keepers was whether the rule precludes a party from filing an affidavit to supplement deposition testimony taken under the rule from a different witness, where the opposing party claims the testimony is contradictory.
