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

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


Conducted on Tuesday, November 17, 2020

Recorded event now available

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Program Materials

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 proposed changes, feedback received during the public comment period, and most importantly, what the new "meet and confer" obligation will require from the noticing and receiving parties.

Description

Rule 30(b)(6) contains the procedure required 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 have the potential to 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 attempting to head off discovery disputes and conflicts early in the process.

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Outline

  1. History of the Rule
  2. The proposed amendments and feedback from the public
  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. Practical implications and best practices

Benefits

The panel will review these and other key issues:

  • What are the lessons learned from the rulemaking process?
  • What are the changes for subpoenas and notices of deposition?
  • What are the consequences of failing to meet and confer?
  • The interplay between Rule 30(b)(6) and other Federal Rules

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

Schultz, Brittany
Brittany M. Schultz

Counsel
Ford Motor Company

Ms. Schultz is an attorney in Ford’s Office of the General Counsel in the Litigation and Regulatory Group. She...  |  Read More

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48 hours after event

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