Federal Rule of Civil Procedure 30 (b)(6) depositions are one of the best and earliest opportunities for a litigant to bind an organization to a narrative before trial.  Upon receipt of a 30(b)(6) notice, it is important to select witnesses that will provide the best representation of both the relevant facts and the corporation itself. It is also crucial to object, in writing, to any vague or problematic aspects of a 30(b)(6) notice. Failure to object prior to the deposition may result in sanctions by the court—or at the very least, an agitated judge.

An amendment to Federal Rule of Civil Procedure 30 that took effect on December 1, 2020 seeks to facilitate the corporate designee deposition process. It requires attorneys to meet-and-confer regarding the subject matters of an organization’s oral deposition. The amended FRCP 30(b)(6) specifically requires that: “[b]efore or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination.” The amendment also mandates that a subpoena to a nonparty organization advise of the duty to confer with the serving party.

The Advisory Committee Notes explain that the amendment aims to facilitate “collaborative efforts” and “candid exchanges” regarding the deposition’s purpose and the organization’s information structure. The process can clarify the goals of the deposition and identify the precise topics of questioning, placing the organization’s attorney in a better position to designate and prepare the appropriate witness or witnesses and avoid discovery disputes. In addition, the issuing attorney can be apprised as to the organization’s information base, allowing for more productive questioning.