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. 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."
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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