Defending Rule 30(b)(6) Corporate Depositions: Responding to Deposition Notices, Selecting and Preparing Witnesses

Outline

1. Critical aspects of Rule 30(B)(6) that differentiate it from other forms of discovery
   1. This is not a "PMK" deposition
   2. Why limits may not apply here
2. Considerations when responding to a notice of deposition
   1. Issues to consider when receiving and responding to a notice of deposition
   2. Best steps for negotiating with counsel, objecting, and filing an appropriate motion
   3. Meet and confer requirement
3. Selecting and preparing a corporate representative for deposition
   1. Attributes of good Rule 30(b)(6) witnesses and things to avoid
   2. Best strategies for "educating" a witness in advance of a deposition
4. Preparing for the use of the 30(b)(6) testimony at trial
   1. Whether or not to designate a lawyer as a Rule 30(b)(6) witness
5. Properly defending the deposition
   1. Responding to questions beyond the scope of the "list of matters for examination"
   2. Handling aggressive questions and a noncompliant witness
   3. How to respond to inaccurate or incomplete information
   4. When the deposition ends, the defense attorney's job does not
6. Problem areas to avoid and what may be at risk
   1. Common problems
   2. Court rulings and sanctions
7. Final tips for the taking and defending attorney
   1. Serving a good notice
   2. Preparing for the deposition
   3. Following up on bad answers, including whether and when to file a motion to compel
   4. Using Rule 30(b)(6) testimony at trial

Benefits

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?