When a company receives a deposition notice under Rule 30(b)(6), the most important decision counsel must make is whom to elect to be the corporate witness. A Rule 30(b)(6) deposition notice must specify the particular subject matter on which the deposition will be focused. The rule allows counsel the choice of whether to select a witness who already knows the substantive topic well, or to educate a witness on the subject matter. Is it better to choose a witness with a good background in the substantive area, or one who is likely to have a better feeling for appropriate deposition conduct? What should you do if the deposition notice contains topics that no single person can testify about?
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