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Rule 30(b)(6) Changes One Year Later: Eliminating Deficient Subject Lists and Securing Better Prepared Witnesses

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

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Conducted on Thursday, December 9, 2021

Recorded event now available

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This CLE webinar will examine whether the 2020 amendments to Federal Rule of Civil Procedure 30(b)(6) have produced the hoped for improvements in getting better prepared witnesses giving useful testimony with fewer discovery disputes. The panel will review the language of the prior and current rules, best practices for the "meet and confer," any case law that has developed under the new rule, and best practices for Rule 30(b)(6) depositions.

Description

Rule 30(b)(6) contains the procedure for deposing an organization. Amendments in 2020 added provisions that were intended to address perceived problems with how the existing Rule was being implemented, including "overlong or ambiguously worded lists of matters for examination and inadequately prepared witnesses."

The changes were intended to shorten and streamline corporate depositions through the collaborative efforts of counsel. The issuing party and the organization are required 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 30(b)(6) deposition is the opportunity for the issuing party to speak to the organization and confirm and preserve trial testimony. Still, it remains the organization's decision as to who will speak for it.

Listen as our authoritative panel discusses whether these changes achieved their goals or created another choke point in the discovery process and best practices for attempting to head off discovery disputes and conflicts early in the process.

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Outline

  1. Comparison of the former and current text of Rule 30(b)(6)
  2. Changes that were suggested and abandoned
  3. How the rule changed federal court practice
    1. Addressing poorly worded and overbroad topics
    2. Avoiding 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 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

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

Grossman, Megan
Megan E. Grossman

Partner
Lewis Brisbois Bisgaard & Smith

Ms. Grossman is a partner in the Philadelphia office of Lewis Brisbois and a vice-chair of the Life Sciences Practice....  |  Read More

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