Rule 30(b)(6) Amendments: Eliminating Deficient Subject Lists and Securing Better Prepared Witnesses

A live 90-minute CLE webinar with interactive Q&A


Tuesday, November 17, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, October 30, 2020

or call 1-800-926-7926

This CLE webinar will examine the first substantive amendment to Federal Rule of Civil Procedure 30(b)(6) in 50 years, to take effect on Dec. 1, 2020. The panel will review how the amendments came about, the compromises made, and most importantly, what the new "meet and confer" obligation will require from both those issuing notices and from the deponents.

Description

Rule 30(b)(6) contains the requirements for deposing an organization. According to the comments to the amendments, the additions address "overlong or ambiguously worded lists of matters for examination and inadequately prepared witnesses."

The amendment requires the issuing party and the organization to "confer in good faith about the matters for examination." The Committee Notes clarify that although the parties must confer in good faith, they are not required to agree.

The changes should shorten and streamline corporate depositions through the collaborative efforts of counsel. The changes also reinforce the notion that the 30(b)(6) deposition is the opportunity for the issuing party to speak to the organization and to confirm and preserve trial testimony, but that it remains the organization’s decision as to who will speak for it.

Listen as our authoritative panel discusses these substantive amendments, the burdens and opportunities they present, and best practices for heading off avoidable conflicts earlier in the process.

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Outline

  1. History of the amendments
  2. Historic abuses the amendments address
  3. How the rule will change current federal court practice
    1. Addressing poorly worded and overbroad topics
    2. Correcting poorly prepared witnesses
    3. Rules of evidence to consider during the conference
  4. Best practices

Benefits

The panel will review these and other key issues:

  • What are the lessons from proposed but rejected amendments?
  • What are the changes for subpoenas and notices of deposition?
  • What are the consequences of failing to meet and confer?
  • Trial strategy for the meet and confer and Rule 30(b)(6)
  • The interplay between Rule 30(b)(6) and the Rule 16 conference

Faculty

Gilboe, Michelle
Michelle R. Gilboe

Managing Partner
Lewis Brisbois Bisgaard & Smith

Ms. Gilboe is an experienced trial attorney with a national practice focused on defending pharmaceutical, medical...  |  Read More

Regan, Thomas
Thomas Regan

Partner
Lewis Brisbois Bisgaard & Smith

Mr. Regan is a partner in the Newark office of Lewis Brisbois and a member of the Products Liability Practice. He...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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