Effectively employed, depositions noticed pursuant to Federal Rule of Civil Procedure 30(b)(6) offer huge opportunities for both the proponent of the deposition and the defender. And naturally, as with all litigation tools, traps loom for the unwary. This article describes the basics of Rule 30(b)(6) notices and offers some creative defenses and tips on avoiding catastrophes.
The need for properly framed deposition questions and precise answers cannot be overstated. The questioner will be able to use the deposition to lock in the factual story of the corporation subject to the Rule 30(b)(6) notice. If the corporation tries to vary from its answers at trial, the jurors will see how the story changed now that they are in the room. Concise and articulate answers to deposition questions may be used by the corporation before trial in briefing to diffuse any allegations raised against it and during trial by reining in the scope of any cross-examination. If the questioner knows the witness can handle a question, as proven by the deposition, it won’t be asked.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
