FRCP 30(b)(6)
If you’re involved in federal litigation—whether as in-house counsel, outside attorney, or a corporate representative—Federal Rule of Civil Procedure 30(b)(6) is a crucial rule you must understand. Known informally as the “corporate deposition rule,” FRCP 30(b)(6) governs how parties can depose organizations, including corporations, partnerships, associations, and government agencies. This guide explains what FRCP 30(b)(6) is, why it matters, how to prepare, and the strategic considerations that can make or break your case.
What is FRCP 30(b)(6)?
FRCP 30(b)(6) allows a party in litigation to depose a business entity, organization or governmental entity by serving a notice or subpoena that describes, with “reasonable particularity,” the topics for examination. The organization must then designate one or more representatives to testify on its behalf regarding those topics. These representatives do not testify as individuals, but as the voice of the organization, binding the business, organization or governmental entity to their answers.
Key points:
- The deposition notice must clearly specify the topics to be covered.
- The organization must select and prepare witnesses to testify about information “known or reasonably available” to the organization—not just their personal knowledge.
- The testimony given is binding on the organization and can be used as evidence at trial.
Why Was Rule 30(b)(6) Created?
Before the rule, litigants struggled to get clear, binding answers from organizations. Companies could send a series of individual witnesses, each claiming ignorance of the facts, a practice known as “bandying.” Rule 30(b)(6) was designed to end this by requiring organizations to prepare and present a witness (or witnesses) who can speak for the entity as a whole.
How Does a 30(b)(6) Deposition Work?
1. Notice of Deposition
The party seeking discovery serves a notice or subpoena that describes the matters for examination with reasonable particularity. This requirement ensures the organization knows exactly what topics to prepare for.
2. Designation of Witnesses
The organization must designate one or more individuals—who may be officers, directors, managing agents, or even outside consultants—to testify on its behalf. Each designee must be prepared to speak to the topics assigned to them.
3. Preparation of Witnesses
Preparation is critical. The organization must make a good faith, conscientious effort to educate its designees, including:
- Reviewing internal documents and records
- Interviewing current and former employees
- Consulting outside experts if necessary
- Ensuring the witness can testify about both facts and the entity’s positions, beliefs, and opinions on the noticed topics.
4. Meet and Confer Requirement
As of December 1, 2020, the rule was amended to require the parties to meet and confer about the topics before the deposition. This aims to clarify ambiguities, reduce disputes, and ensure witnesses are well-prepared.
What Makes a 30(b)(6) Deposition Unique?
- Binding Testimony: The answers given by a 30(b)(6) witness are considered the organization’s official position and can be used as admissions at trial.
- Obligation to Prepare: Even if no current employee has personal knowledge, the organization must gather information from all reasonably available sources—including former employees and documents—to provide complete answers.
- Potential for Multiple Witnesses: If no single person can address all topics, the organization must designate multiple people, each prepared on specific subjects.
Strategic Importance of 30(b)(6) Depositions
For Plaintiffs and Defendants:
- Early Case Assessment: Plaintiffs can use 30(b)(6) depositions to quickly identify key witnesses and documents.
- Plugging Evidentiary Holes: Defendants may use them late in discovery to fill gaps or clarify ambiguities.
- Binding Admissions: Testimony can lock an organization into positions that are difficult to change at trial.
For Organizations:
- Burden of Preparation: The obligation to prepare witnesses can be significant, especially if the noticed topics are broad or relate to events in the distant past.
- Risk of Sanctions: Failure to adequately prepare witnesses can lead to court sanctions under FRCP 37.
Best Practices for Preparing for a 30(b)(6) Deposition
1. Narrow the Scope
Work with opposing counsel to narrow and clarify the topics. Overly broad or vague topics increase the risk of incomplete or inaccurate testimony.
2. Select the Right Witnesses
Choose witnesses who can be thoroughly prepared on the topics. If necessary, designate more than one person.
3. Thorough Preparation
- Review all relevant documents, emails, and records
- Conduct interviews with current and former employees
- Prepare for both factual and policy questions
- Practice answering questions clearly and consistently
4. Meet and Confer
Engage in a meaningful “meet and confer” process to resolve ambiguities and avoid disputes during the deposition.
5. Anticipate Difficult Topics
If the organization lacks direct knowledge, assemble information from all available sources. Courts expect organizations to go beyond minimal efforts to prepare witnesses.
Common Pitfalls and How to Avoid Them
- Inadequate Preparation: Unprepared witnesses can lead to damaging admissions or sanctions.
- Overbroad Notices: Push back on vague or overly broad deposition topics during the meet and confer process.
- Failure to Update Testimony: If new information emerges, supplement the testimony as required by the rules.
Recent Amendments and Trends
- Meet and Confer Requirement: The 2020 amendment emphasizes early collaboration to clarify topics and reduce disputes.
- Strategic Use: Litigants increasingly use 30(b)(6) depositions for strategic advantage, making preparation more important than ever.
Do state court litigation cases have FRCP 30(b)(6) depositions?
Yes. Most states have their own version of FRCP 30(b)(6) depositions. One example is California's "Person Most Qualified" depositions pursuant to California Code of Civil Procedure § 2025.230. 30(b)(6): Deposing Corporations, Organizations & the Government is the definitive guide to the deposition of business entities, organizations and governmental entities, and covers each state's procedural rules, how they differ from FRCP (30(b)(6) and the applicable state court case law pertaining to these depositions.
Frequently Asked Questions About FRCP 30(b)(6)
Who can be a 30(b)(6) witness?
Any person the organization designates—including officers, directors, employees, or even outside consultants—so long as they can testify about the topics in the notice.
What happens if the witness doesn’t know the answer?
The organization is required to prepare the witness using all reasonably available information. Lack of personal knowledge is not an excuse.
Can a 30(b)(6) deposition be used at trial?
Yes. The testimony is binding on the organization and can be used as evidence at trial.
What if the organization fails to prepare the witness?
Courts can impose sanctions, including compelling further testimony, awarding attorney’s fees, or even excluding evidence.
Books for Lawyers on FRCP 30(b)(6) Depositions
There are a number of books that help lawyers understand and excel at creating notices for 30(b)(6) depositions, methods for taking these depositions, and preventing non-responsive answers:
30(b)(6): Deposing Corporations, Organizations & the Government
This is a definitive guide to deposing business entities, organizations and governmental entities. The book covers the use of these depositions in federal court, noting all of the important case law. Additionally, the book provides an overview of each state's equivalent procedural rules, how they differ from FRCP (30(b)(6), and the applicable state court case law pertaining to these depositions. It is the only book solely focused on corporate representative depositions that fully develops the concepts necessary to master this area of practice. The second edition includes the most recent changes to the rule.
The Deposition Handbook, 6th Edition
This is the definitive book on depositions of all varieties, written for lawyers in all areas of practice. Now in its 6th edition, the book has expanded to cover the new version of 30b6, video depositions, zoom depositions, and much more. Used by everyone from in house counsel for Fortune 500 companies, Big Law such as Jones Day and Susman Godfrey, and top tier law schools including Harvard Law School.
Additional books and videos for lawyers on 30(b)(6) can be found here.
Conclusion
FRCP 30(b)(6) depositions are a powerful tool in federal litigation. They require careful planning, thorough preparation, and strategic thinking. For organizations, the stakes are high: the testimony given is binding, and failure to prepare can have serious consequences. For litigants, these depositions offer a unique opportunity to obtain clear, authoritative answers from corporate, organization or governmental entity opponents.
By understanding the rule, collaborating with opposing counsel, and preparing witnesses diligently, you can turn the challenges of FRCP 30(b)(6) into a strategic advantage—both in the courtroom and in your legal content marketing efforts.
For more insights on legal discovery, organizational depositions, and federal litigation strategy, explore our related resources.