In-house counsel should never underestimate the importance of selecting and preparing the appropriate representative, or representatives, to respond to deposition requests noticed under Federal Rule of Civil Procedure 30(b)(6) or corresponding state procedure rules. Improper selection or inadequate preparation could result in adverse, binding admissions, privilege waiver or sanctions.
Exposing Myths and Rule Breakdown
Selecting appropriate representatives is only half the battle; in-house and outside counsel must diligently prepare them. The selection and preparation process should begin when litigation is anticipated and certainly by the time suit is filed. Waiting until receipt of the deposition notice greatly decreases the chances of identifying a company spokesman who has the time to prepare, and increases the chances of noncompliance with the Rule’s requirements.