March 02, 2016 Top Story

Failure to Prepare Deponent Adequately Leads to Sanctions

Limiting scope of deponent's relevant knowledge is no defense for an unprepared witness

Adam E. Lyons

A recent decision found that counsel failed to prepare fully a witness for a Rule 30(b)(6) deposition, resulting in discovery violations and substantial attorney fees. In Opengate Capital Group LLC v. Thermo Fisher Scientific Inc., the offending party deliberately limited the scope of preparation. Section leaders analyze the decision and identify practice points to help lawyers avoid sanctions when preparing a Rule30(b)(6) witness.

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