Posts

Law 101: Overview of the Rule 30(b)(6) Deposition

By Michael Cohen

Federal Rule of Civil Procedure 30(b)(6)

Rule 30(b)(6) of the Federal Rules of Civil Procedure, along with analogous rules under state law, provides a tremendous discovery tool for litigators.  Unlike the depositions of named witnesses, depositions under Rule 30(b)(6) require that an organization designate and prepare an individual to testify as to all delineated information “known or reasonably available to the organization” – not merely information personally known to the deponent – and offer testimony that is binding on the organization.  When used properly, 30(b)(6) depositions can render “I don’t know” answers a rarity, while offering an incredibly effective mechanism for fact-finding and efficiently progressing the underlying litigation.  This article is designed to provide a general overview of the 30(b)(6) device, as well as offer insight as to the duties of counsel when proceeding under Rule 30(b)(6), and the distinctions between a 30(b)(6) deposition and a deposition of a named witness.[1]

Read more