Rule 11-f of the Commercial Division, which took effect in October 2015, changes the manner in which litigants conduct depositions of corporations and other entities in Commercial Division cases. Under the new rule, as with Rule 30(b)(6) of the Federal Rules of Civil Procedure, a party may list in its deposition notice the topics on which it seeks to conduct deposition discovery. The responding entity must then designate and produce for deposition one or more representatives (so-called “organizational witnesses”) who are prepared to testify about information known or reasonably available to the entity concerning those topics.
Previously, litigants in the Commercial Division, like all other litigants in the New York state courts, could operate only under CPLR 3106(d). The latter rule gives the entity a choice of whom to tender as a witness, without imposing any affirmative obligation to ensure the witness’s knowledgeability on the relevant deposition topics.
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