A Special Rule For Corporate Exec Depositions

Law360, New York (October 8, 2010, 5:22 PM EDT) -- While the U.S. Supreme Court recognized more than a quarter of a century ago the potential abuse that can occur when the deposition of a company executive is noticed, the rules of civil procedure in state and federal courts generally allow a party to depose “any person.” See, e.g., Fed. R. Civ. P. 30(a).

A witness generally cannot escape a deposition by claiming lack of knowledge of relevant facts because the party seeking the deposition is entitled to test that lack of knowledge. Charles Alan Wright,...
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