FRCP 30(b)(6)

If you are taking or defending a 30(b)(6) deposition remember that there are two different sets of court opinions on the scope of a 30(b)(6) deposition.  The majority opinion is that the questioner can ask any question permitted by FRCP 26.  The minority opinion is that the questioner can only ask questions relating to the specific areas that were designated in the notice for the 30(b)(6) deposition.  So before taking or defending a 30(b)(6) deposition take the time to find out whether your federal circuit or your state courts follow the majority or minority opinion. If your jurisdiction follows the minority rule your best option, if you are noting the deposition, is to set forth in your notice the areas upon which you expect the witness to be prepared to answer in the broadest terms possible.

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