How Binding Is That 30(b)(6) Testimony?

By Steven Kramer (July 6, 2018, 11:51 AM EDT) -- Under the Federal Rules of Civil Procedure, a Rule 30(b)(6) witness gives testimony on behalf of the company and the general rule is a company cannot present facts that conflict with the testimony of its designee.[1] But as the U.S. Court of Appeals for the Tenth Circuit recently held in Snapp v. United Transportation Union, "this general proposition should not be overstated."[2]

That "gotcha" sound bite/line of testimony may not be written in stone after all. Testimony by a Rule 30(b)(6) witness is an evidentiary admission by the witness, and the witness — not the company — is bound by the...

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