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Key Takeaways from the Amendment to Rule 30(b)(6)

Author: Matthew I. Rochman & William D Dalsen/The National Law Review

… The amended Rule 30(b)(6)—which became effective on December 1, 2020—now requires that, “[b]efore or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination.”…
… a productive conference should focus on what topics the deposing party intends to cover, why each side believes the matters of examination are meritorious or not, and alternatives to the deposing party’s specifications to resolve such a dispute…
… litigants may have greater leeway not to confer over specific proposals rejected in the final amendment to Rule 30(b)(6)…

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Editor Comment:

The FRCP amendments have consistently pushed litigants to meet and confer earlier in the discovery process. This amendment focuses on defining the agreed deposition topics before or immediately following notices of deposition. That would certainly prevent some of the long and boring series of depo questions I have endured that were outside of my designated scope for a client. I am hoping that this will result in better depos that get to the point and stick with relevant facts.

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