Narrow the Scope Of The Client Representative’s Deposition

Today’s General Counsel columnist Jeffery Cross looks at one of the most misunderstood and potentially troublesome federal rules of civil procedure. Rule 30(b)(6) allows a litigant to serve a deposition notice (or a subpoena) which names the deponent as the designated representative of the organization for the particular purpose of the deposition. It’s often assumed that if you send the most knowledgeable person on the subject specified, you’ve complied. That’s not the case, and if no one is particularly knowledgeable, the rule essentially requires that someone get knowledgeable. For a complicated issue, or one that goes back years, that can be a daunting and expensive task. There is a good way to handle this, Cross says. Counsel for the recipient of the notice may be able to narrow the scope of topics to be addressed, and should do so, either through negotiation, or if negotiation fails, through the court.