Defending Rule 30(b)(6) Corporate Depositions: Responding to Deposition Notices, Selecting and Preparing Witnesses

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, November 6, 2018

Recorded event now available

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Program Materials

This CLE webinar will prepare general counsel and outside counsel to effectively defend depositions of corporate representatives during litigation. The panel will discuss how to respond to a Rule 30(b)(6) deposition notice and how to select and prepare witnesses for the deposition.


The Rule 30(b)(6) corporate deposition can be a valuable tool, a non-event, or a severe problem. Preparation for and defense of a corporate deposition directly impacts the success of a case and potentially future cases. With a high potential for significant consequences caused by careless mistakes, counsel must know how to prepare for and defend a corporate deposition.

Rule 30(b)(6) depositions present complex challenges and serious legal risks for a company. Counsel must strategically determine who should represent the corporation at the deposition, how much preparation is adequate, and how to deal with privilege issues.

Listen as our panel of experienced business litigators explains how companies, through their general and outside counsel, can minimize risk to the company when responding to a Rule 30(b)(6) deposition notice and in selecting and preparing witnesses for the deposition.



  1. Critical aspects of Rule 30(B)(6) that differentiate it from other forms of discovery
    1. This is not a “PMK” deposition
    2. Why limits may not apply here
  2. Considerations when responding to a notice of deposition
    1. Issues to consider when receiving and responding to a notice of deposition
    2. Best steps for negotiating with counsel, objecting and filing an appropriate motion
  3. Selecting and effectively preparing a corporate representative for deposition
    1. Attributes of good Rule 30(b)(6) witnesses and things to avoid
    2. Best strategies for “educating” a witness in advance of a deposition
  4. Preparing for the use of the 30(b)(6) testimony at trial
    1. Designating a lawyer as a Rule 30(b)(6) witness
  5. Properly defending the deposition
    1. Responding to questions beyond the scope of the notice
    2. Handling aggressive questions and a noncompliant witness
    3. How to respond to inaccurate or incomplete information
    4. When the deposition ends, the defense attorney’s job does not
  6. Problem areas to avoid and what may be at risk
    1. Common problems
    2. Court rulings and sanctions
  7. Final tips for the taking and defending attorney
    1. Serving a good notice
    2. Preparing for the deposition
    3. Following up on bad answers, including whether and when to file a motion to compel
    4. Using Rule 30(b)(6) testimony at trial


The panel will review these and other high priority issues:

  • How should corporate counsel respond to a Rule 30(b)(6) deposition notice that appears to be vague, overbroad or seeks privileged information?
  • What are the particular dangers of designating a lawyer, or someone else with extensive privileged information, as a 30(b)(6) witness?
  • To what extent must or should general counsel educate a witness in advance of a 30(b)(6) deposition?


Gordon, Michael
Michael R. Gordon

Founder and Partner

Mr. Gordon focuses on complex commercial litigation. He has substantial experience trying cases in state and federal...  |  Read More

Laffey, Casey
Casey D. Laffey

Reed Smith

Mr. Laffey is a seasoned litigator and trial lawyer with extensive knowledge in various areas of law. His practice is...  |  Read More

Morrison, Andrew
Andrew L. Morrison

Manatt Phelps & Phillips

Mr. Morrison is a commercial litigator who specializes in business disputes and securities litigation. He represents...  |  Read More

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