Rule 30 FEDERAL RULES OF CIVIL PROCEDURE Pt. III
Content of Notice
The notice (and the subpoena, if necessary) must state that the corporation has the duty to designate a representative, and must specify the areas of inquiry with reasonable particularity.
Designation of Agent
Corporations may be compelled to name an officer, director, or managing agent.9 Statements by the designated managing agent are then treated as statements of the party. The term cc managing agent" is not defined. Courts look to whether the individual has general powers to exercise discretion with respect to corporate matters, whether the individual's interests coincide with those of the corporation, and whether the individual can be depended on to give testimony at the corporation's direction."
Particular Officer
To depose a specific officer, director, or managing agent, there is no need to use Rule 30(b)(6); a notice of deposition may be sent indicating that the individual's testimony is sought in the individual's official capacity. The corporation is then subject to sanctions if the named representative fails to appear." The party moving for such sanctions has the burden of proving that the individual was an officer, director, or managing agent.
Officer vs. Employee
One cannot compel the attendance at a deposition of an employee who is not an officer, director, or managing agent of the organization merely by sending a notice. Such an employee may be served with a subpoena, and the employee is then subject to sanctions if the employee fails to appear. The corporation is not bound by the statements of such employees. 12
Status of Individual
The court determines whether a particular individual is a corporate representative and "speaks for the corporation" when the testimony is offered into evidence or when sanctions are sought for failure to appear. The individual's status is measured as of the time of the deposition, not the time of the trial or hearing.
8. Marker v. Union Fidelity Life Ins. 393 U.S. 859, 89 S.Ct. 131, 21 L.Ed.2d 127
Co., 125 F.R.D. 121 (M.D.N.C.1989). (1968).
9. Atlantic Cape Fisheries v. Hartford 12. Burns Bros. v. The B & 0 No. 177,
Fire Ins. Co., 509 F.2d 577, 579 (lst Cir. 21 F.R.D. 142 (E.D.N.Y.1957).1975).
10. Terry v. Modern Woodmen of Amer-13. Bon Air Hotel, Inc. v. Time, Inc.,
ica, 57 F.R.D. 141 (W.D.Mo.1972). 376 F.2d 118 (5th Cir.1967), cert. denied,
1 1. Bon Air Hotel, Inc. v. Time, Inc., 393 U.S. 859, 89 S.Ct. 131, 21 L.Ed.2d 127 376 F.2d 118 (5th Cir.1967), cert. denied, (1968).
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