Rule 30(b)(6) Changes One Year Later: Eliminating Deficient Subject Lists and Securing Better Prepared Witnesses

This CLE webinar will examine whether the 2020 amendments to Federal Rule of Civil Procedure 30(b)(6) have produced the hoped for improvements in getting better prepared witnesses giving useful testimony with fewer discovery disputes. The panel will review the language of the prior and current rules, best practices for the "meet and confer," any case law that has developed under the new rule, and best practices for Rule 30(b)(6) depositions.

Rule 30(b)(6) contains the procedure for deposing an organization. Amendments in 2020 added provisions that were intended to address perceived problems with how the existing Rule was being implemented, including "overlong or ambiguously worded lists of matters for examination and inadequately prepared witnesses."

The changes were intended to shorten and streamline corporate depositions through the collaborative efforts of counsel. The issuing party and the organization are required to "confer in good faith about the matters for examination." The Committee Notes clarify that although the parties must confer in good faith, they are not required to agree.

The 30(b)(6) deposition is the opportunity for the issuing party to speak to the organization and confirm and preserve trial testimony. Still, it remains the organization's decision as to who will speak for it.

Listen as our authoritative panel discusses whether these changes achieved their goals or created another choke point in the discovery process and best practices for attempting to head off discovery disputes and conflicts early in the process.