How Limitations on Number and Duration Apply to Corporate Depositions
The National Law Journal
November 23, 2011
The article reviews the interplay of the Federal Rules of Civil Procedure, Rule 30(b)(6) to the other subsections of Rule 30. Rule 30(a)(2)(A)(1) and (d)(1) presumptively limit the number of depositions to 10 per side, and the duration of each deposition to seven hours. The article analyzes the rules and case law in various situations, such as when corporations designate multiple individuals to testify on different topics; and when a party serves a second 30(b)(6) notice on the same entity. The author also looks at the current law on deposition limitations when a witness is examined as a corporate designee on certain topics and is separately noticed and examined as an individual. The author also discusses the Rule 30(d)(2) seven hour limit to depositions and how each person designated under Rule 30(b)(6) should be considered a separate deposition. He presents case law that addresses when witnesses should or should not be required to submit to questioning for more than seven hours.