Tolin: Risks of 30(b)(6) Depositions Require Preparation
Depositions of corporate designees under Federal Rule of Civil Procedure 30(b)(6) can be fraught for defendants, who risk giving a binding soundbite to be played at trial or facing additional depositions or sanctions. Shook Partner Adam Tolin says these risks require prep teams to have multiple goals in mind as they ready their witnesses.
In an article for JD Supra titled “30(B)(6) Preparation Tips,” Tolin gives advice for that prep, from spending a considerable amount of time to identify the appropriate witness or witnesses to attempting to negotiate with opposing counsel regarding the scope of topics in advance and providing as much material as possible to the witness.
“It is often stressful on corporate entities, in-house counsel, and designees to prepare for Rule 30(b)(6) depositions,” he said. “Courts are often not impressed by how burdensome and challenging it is to prepare witnesses for broad topics that cover lengthy periods of time. We have found, however, that you can manage the entire process best if you spend significant time on the front end identifying the best witness(es) and managing their expectations regarding the significant amount of work it will take to avoid the pitfalls described above.”
