The deposition or the subpoenaed testimony of a corporate representative is unique. It can bind both the witness and the company, but not always in every case.

If you are defending, you have some influence on how to control and shape the deposition. The party noticing the deposition or subpoena will not know who you will present as the spokesperson of the business organization. You get to select the individual or individuals, and the selection may be critical. You also control the timing of the disclosure of the identity of the representative(s). As will be seen, this could be to your advantage.

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