Understanding A Company's Duty To Prep For Depositions

By Charles Steenburg, Jason Balich and Alexandra Kim (October 27, 2021, 5:45 PM EDT) -- Companies litigating in federal district court, including those engaged in patent litigation, are deposed under Federal Rule of Civil Procedure 30(b)(6) all the time.

Rule 30(b)(6) requires that the party taking the deposition provide a notice of corporate deposition that lists topics on which testimony is sought, and requires that the company noticed for deposition prepare one or more representatives to testify as to the company's knowledge on those topics.[1]

But how much preparation meets the rule's requirements? And what if you, as your company's representative, or someone you have prepared for their deposition, were not in fact prepared to answer...

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