Defending Rule 30(b)(6) Corporate Depositions: Responding to Deposition Notices, Selecting and Preparing Witnesses
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will prepare trial attorneys to defend the depositions of corporate representatives during litigation. The panel will discuss how to respond to a Rule 30(b)(6) deposition notice and select and prepare witnesses for the deposition. The panel will also review the "meet and confer" requirement applicable when noticing a Rule 30(b)(6) deposition.
- Critical aspects of Rule 30(B)(6) that differentiate it from other forms of discovery
- This is not a "PMK" deposition
- Why limits may not apply here
- Considerations when responding to a notice of deposition
- Issues to consider when receiving and responding to a notice of deposition
- Best steps for negotiating with counsel, objecting, and filing an appropriate motion
- Meet and confer requirement
- Selecting and preparing a corporate representative for deposition
- Attributes of good Rule 30(b)(6) witnesses and things to avoid
- Best strategies for "educating" a witness in advance of a deposition
- Preparing for the use of the 30(b)(6) testimony at trial
- Whether or not to designate a lawyer as a Rule 30(b)(6) witness
- Properly defending the deposition
- Responding to questions beyond the scope of the "list of matters for examination"
- Handling aggressive questions and a noncompliant witness
- How to respond to inaccurate or incomplete information
- When the deposition ends, the defense attorney's job does not
- Problem areas to avoid and what may be at risk
- Common problems
- Court rulings and sanctions
- Final tips for the taking and defending attorney
- Serving a good notice
- Preparing for the deposition
- Following up on bad answers, including whether and when to file a motion to compel
- 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 Rule 30(b)(6) witness?
- To what extent must or should general counsel educate a witness in advance of a 30(b)(6) deposition?
Jennifer Hurley McGay
Lewis Johs Avallone Aviles
Ms. Hurley McGay litigates a wide range of complex matters in both state and federal trial and appellate courts,... | Read More
Ms. Hurley McGay litigates a wide range of complex matters in both state and federal trial and appellate courts, including more than 15 years of experience defending federal and state securities law claims, as well as experience litigating bankruptcy and a variety of common law claims. Her practice includes litigation involving structured products, such as CDOs, asset-backed securities and swapsClose
John C. (Jay) Maloney, Jr.
Mr. Maloney is a trial lawyer and a highly experienced complex commercial litigator. He focuses most often on product... | Read More
Mr. Maloney is a trial lawyer and a highly experienced complex commercial litigator. He focuses most often on product liability and class action litigation, particularly in relation to the healthcare industry. Among his many representations, Mr. Maloney has been counsel to a major pharmaceutical company in nationwide DES litigation for more than 40 years, including successfully opposing three motions for class certification. He has substantial experience working with medical, financial and valuation experts, both consulting and testifying. Mr. Maloney is a frequent author and presenter on witness preparation.Close