Pt. III DISCOVERY Rule 30
Sanctions Against Organization
If the designated officer, director, or managing agent fails to appear for a deposition, the corporation or organization is subject to sanctions. Likewise, if a corporation provides witnesses who cannot answer questions listed in notice of deposition, then corporation has failed to comply with its obligations under the rule and may be subject to sanctions."
Scope of Testimony
The corporation or organization must select an individual or individuals who can testify to the areas specified in the notice. The individual(s) must testify to all matters known or reasonably available to the corporation, which may necessitate some gathering of documents and information and having the individual(s) review and become familiar with the documents and information." The majority of the courts limit the examination of the representative to the areas of inquiry identified in the notice of deposition."
RULE 30(b)(7). NOTICE OF EXAMINATION:
DEPOSITION BY TELEPHONE
CORE CONCEPT
The parties may stipulate to a deposition by telephone or may move the court for an order that a deposition be taken by telephone. Such depositions are deemed to occur in the district where the deponent is located when answering the questions.
RULE 30(c). EXAMINATION AND CROSS-
EXAMINATION; RECORD OF EXAMINATION; OATH; OBJECTIONS
CORE CONCEPT
In general, the examination of witnesses at a deposition proceeds much like at trial, except that most objections are reserved until the testimony is offered into evidence.
APPLICATIONS
Oath or Affirmation
>The officer before whom the deposition is to be taken (usually the stenographer) will put the witness on oath or affirmation at the beginning of the deposition.
14. King v. Pratt & Whitney, 161 F.R.D.
475 (S.D.Fla.1995).
15. Marker v. Union Fidelity Life Ins.
Co., 125 F.R.D. 121 (M.D.N.C.1989).
16. Paparelli v. Prudential Insurance
Co. of America, 108 F.R.D. 727 (D.Mass.
1985). But see King v. Pratt & Whitney, 161 F.R.D. 475 (S.D.Fla.1995)(Holding that the notice limits the corporation's duty to prepare, but not the examining attorney's inquiry).
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