| name | 30b6-deposition |
| title | 30(b)(6) Corporate Representative Deposition |
| description | Guides taking and defending Rule 30(b)(6) corporate representative depositions. Drafts topic lists with reasonable particularity, builds examination outlines for binding corporate admissions, analyzes noticed topics for objections, and prepares designees. Use when drafting 30(b)(6) notices, preparing corporate deposition topics, selecting or preparing designees, or defending corporate representative depositions. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/30b6-deposition |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
30(b)(6) Corporate Representative Deposition
Covers both sides of FRCP 30(b)(6) depositions: drafting topic notices and examination outlines (taking), and analyzing topics, selecting designees, and preparation (defending).
Quick Start
- Determine role: taking or defending
- If taking → draft topic list (Part A), then build examination outline
- If defending → analyze noticed topics (Part B), select designees, prepare them
Part A: Taking
Topic List Drafting
Each topic must meet "reasonable particularity." See Calzaturficio v. Fabiano Shoe Co., 201 F.R.D. 33 (D. Mass. 2001) [VERIFY].
Drafting rules:
| Rule | Bad | Good |
|---|
| Time-bound | "All communications about plaintiff" | "HR-supervisor communications re: performance, Jan 2023–Jun 2024" |
| Not too narrow | "The email sent March 15 at 2:47 PM" | "Communications regarding the termination decision" |
| Tied to claims | Topics of mere curiosity | Each topic maps to a claim element |
| No legal conclusions | "Whether defendant discriminated" | "Criteria applied in the promotion decision" |
| Carve out privilege | "Communications with counsel" | Add "excluding attorney-client privileged communications" |
Standard topic categories: Org structure and reporting lines, relevant policies (creation/modification/enforcement), persons involved in key decisions, document retention and custodians, chronology of key events, financial calculations and damages basis.
Topic template:
Pursuant to FRCP 30(b)(6), [Corporation] shall designate representatives
to testify regarding:
TOPIC 1: [Corporation's] organizational structure from [date] to present,
including reporting relationships and decision-making authority for
[department].
TOPIC 2: Policies and procedures regarding [subject], including creation,
modification, and enforcement from [date] to [date].
TOPIC 3: Facts and circumstances surrounding [event], including persons
involved, communications, criteria considered, and basis for the decision.
TOPIC 4: Documents relating to [subject], including creation, maintenance,
location, and any destruction or loss.
Objection risk check per topic:
