Taking 30(b)(6) Corporate Representative Depositions in Personal Injury Cases

Drafting a Thorough Notice, Tying Down the Witness With Key Questions, Objecting and Filing Related Motions

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

Conducted on Tuesday, November 19, 2019

Recorded event now available

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Program Materials

This CLE webinar will prepare personal injury trial lawyers to depose corporate representatives in accordance with Rule 30(b)(6) of the Federal Rules of Civil Procedure and its state law equivalents. The webinar will discuss best practices for meeting the 30(b)(6) notice requirements, effectively questioning the corporate representative, dealing with difficult representatives, and raising and defending objections.

Description

Depositions under Fed. R. Civ. P 30(b)(6), or its many state-law equivalents, allow personal injury trial lawyers to depose a witness, whose testimony can bind the opposing entity, and who must prepare to fully address plaintiff-specified topics. Because 30(b)(6) depositions are such a powerful tool, the deponent's counsel will take full advantage of any procedural misstep by the plaintiff's attorney.

The 30(b)(6) notice specifies the categories on which the witness must be prepared to testify. By including the proper mix of broad and narrow categories, the plaintiff's trial lawyer can avoid a defense claim that a deposition question is outside the scope of the notice. Plaintiff's counsel must equip him/herself with an outline of questions and the proper follow-up inquiries which, within the dictates of Rule 30(b)(6), can lock the deponent-entity into admissions.

Counsel should anticipate objections to the scope of the notice, no matter how well-drafted. Deponent's counsel may designate multiple representatives whose testimony is limited to specific topics to set up a later witness to "clean up" earlier testimony. Discussion during the deposition about whether testimony does or does not fit within the scope of the notice, or, whether the witness was appropriate prepared, is a near certainty. Motion practice frequently follows a 30(b)(6) deposition.

Listen as our experienced panel explains legal and practical considerations for personal injury attorneys when preparing for and conducting a Rule 30(b)(6) deposition.

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Outline

  1. Law of 30(b)(6) depositions
  2. Logistics: who, how many, where, when, how long
  3. What is in the notice: permissible areas of inquiry
  4. Duties of the responding party
  5. Binding effect of testimony
  6. Scope of inquiry

Benefits

The panel will review these and other key issues:

  • What are some best practices for crafting a deposition notice that adequately identifies the scope of the 30(b)(6) deposition?
  • How should personal injury attorneys respond when the corporate defendant designates an inappropriate deponent?
  • What tactics are useful when questioning the corporate representative and raising and defending objections during the deposition?
  • What are some best practices for dealing with difficult deponents?

Faculty

Forlines, Lindsay
Lindsay A. Forlines
Partner
Weathington McGrew

Ms. Forlines has been defending physicians, nurses, hospitals and other healthcare providers against alleged...  |  Read More

Gross, Andrew
Andrew D. Gross
Attorney
Kosieradzki Smith Law Firm

Mr. Gross focuses on medical malpractice cases, nursing home abuse and neglect cases, civil rights actions, and...  |  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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