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

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 themself 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 appropriately 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.