Reprinted with permission from Litigation News, Summer 2017 (42:4) at 18-19. Copyright © 2017 American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
A few weeks ago, I received a call in chambers about a discovery dispute that had arisen during a deposition. Typically, deposition disputes concern the proper scope of questioning, attorney behavior (or misbehavior), speaking objections, witness coaching, or improper instructions not to answer. But this time was different. A dispute had arisen in the middle of a deposition of a corporate representative about whether the company had designated the proper witness to testify on the company’s behalf under Federal Rule of Civil Procedure 30(b)(6).