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Companies push back against proposed deposition rule

Jaclyn Jaeger | February 12, 2019

A proposed new change to the Federal Rules of Civil Procedure governing depositions has companies and their defense counsel up in arms.

The proposed amendments to Federal Rule of Civil Procedure 30(b)(6) would require both parties to confer “about the number and description of the matters for examination and the identity of each person the organization will designate to testify.” It would mark the first substantive change to Rule 30(b)(6) since its creation in 1970.

Current law allows companies to choose witnesses that speak on their behalf in a deposition. In a joint letter to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, 138 companies strongly urged rejection of the...

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