Shook Attorneys Discuss Rule 30(b)(6) Depositions in For the Defense Article

Shook, Hardy & Bacon Partners William Yoder and Amy Crouch and Associate Melissa Plunkett have authored an article titled “The Starting Point for Effective Rule 30(b)(6) Depositions” published in the July 2014 issue of DRI’s For the Defense. Explaining that the rule, which allows a party seeking to depose a knowledgeable corporate representative to request the deposition without identifying that individual, “places a significant burden on the organization being deposed,” the authors discuss how courts have addressed whether the person so designated binds the corporation with her responses to certain deposition questions. They also discuss what constitutes “reasonable particularity,” a requirement that parties seeking the deposition must meet in describing “the matters for examination,” and provide tips for practitioners who are urged to study the 30(b)(6) notice closely to determine if it provides grounds for challenge, for example, by not narrowly tailoring the request to the specific issues in the case. The article concludes, “It is the deposing party’s obligation to identify those issues fairly so that there are no surprises.”