Sanctions For Failing To Prep 30(b)(6) Designee

Transcript

An entity must fully prepare the witness it designates as its corporate representative for a 30(b)(6) deposition. A corporation with no current knowledgeable employees must prepare its designees by having them review available materials, such as fact witness deposition testimony, exhibits to depositions, documents produced in discovery, materials in former employees’ files and, if necessary, interviews of former employees or others with knowledge. A company cannot designate prior testimony by a corporate representative, in lieu of producing one for the noticed deposition, unless the prior testimony fully and completely addresses every topic to be covered and unless the corporate produces a representative to attest to the adoption of the prior testimony