A Special Rule For Corporate Exec Depositions

Law360 (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, Arthur R. Muller and Richard L. Marcus, Federal Practice and Procedure § 2037 (2d ed....

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