Preparing The Designated Corporate Representative For Deposition

There are major differences between preparing an individual fact witness and preparing a corporate representative for deposition. The “named organization,” rather than the adversary, designates the corporate representative and knows in advance the subjects that will be covered. It then has a statutory obligation to prepare that deponent to testify regarding the listed “matters for examination.” It is defense counsel’s responsibility to educate the designated witness about what needs to be investigated in order to testify, which might entail gathering and reviewing all relevant documents and interviewing current and former employees with personal knowledge of the events at issue. One thing to keep in mind about these so-called 30(b)(6) depositions: There is good reason why it’s prudent to avoid designating the general counsel, or any lawyer, as the corporate rep.