Depositions: Taking a Rule 30(b)(6) Deposition

by Practical Law Litigation

A Practice Note examining what counsel should do before, during, and after conducting an oral examination of a corporate representative under Federal Rule of Civil Procedure (FRCP) 30(b)(6). This Practice Note guides attorneys through the process of obtaining and completing a Rule 30(b)(6) deposition, explaining how to properly notice and schedule the deposition, including the requirement for parties to confer in good faith about deposition topics. It provides practical guidance on preparing a strategy, drafting a deposition outline, and effectively questioning the designated company representative. The Practice Note also addresses the entity's responsibilities to educate its designee, the binding effect of the testimony, and how to handle common objections. Furthermore, this Practice Note outlines crucial post-deposition actions, such as when to consider filing a motion to compel if a witness is unprepared or seeking sanctions for non-compliance, and discusses strategies for seeking additional entity depositions.