Deposing Corporations, Organizations & the Government

Mark R. Kosieradzki
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A great case needs great evidence. The best case framing, storytelling, and presentation techniques don’t mean a thing in the face of an organization’s evasive tactics to hide information you have a right to see. Now, Mark Kosieradzki, the foremost expert on 30(b)(6) depositions, provides the powerful answers you need to get that evidence in 30(b)(6): Deposing Corporations, Organizations, and the Government.

Using detailed examples, practical samples, and approachable language, Kosieradzki breaks down Federal Rule of Civil Procedure 30(b)(6) and offers the techniques you need to use it to its greatest potential. 30(b)(6) is the key to navigating the bureaucratic maze and building a substantial record of the defense’s words and documents to hold them accountable in front of a jury. It offers advice on communicating with cagey representatives, dealing with the defense’s obstacles, and performing effective and efficient 30(b)(6) depositions in all fifty states.

For years, advocates have quibbled over the thirty-eight deceptively simple words of Rule 30(b)(6) and asked themselves, “How do I depose something that isn’t a person?” 30(b)(6): Deposing Corporations, Organizations, and the Government is the definitive tool you need to cut through the smokescreens and end the runaround once and for all.

Many thanks to ReelLawyers® for the use of their videos. To see more about 30(b)(6), please click on the "Videos" tab below.

  1. Deposing Organizations
  2. Building a Record
  3. Details of Rule 30(b)(6)
  4. Rule 30(b)(6) Logistics
  5. Deposing Officers, Directors, and Managing Agents
  6. Deposing Low-Level Employees
  7. Crafting the 30(b)(6) Notice
  8. Document Depositions
  9. Electronic Discovery
  10. Duty to Attend
  11. Duty to Prepare
  12. Scope of Inquiry
  13. Deposition Obstruction
  14. Motions to Compel and Sanctions
  15. Binding Effect
  16. Changing the Testimony
  17. Using 30(b)(6) Testimony at Trial
  18. Appendix A: 30(b)(6) Law in All Fifty States
  19. More Appendices

Additional Information

Publisher Trial Guides, LLC
Paperback 512 pages; 1st Edition (2016); ISBN: 978-1941007549

Many thanks to ReelLawyers® for the use of their videos.

What is Rule 30(b)(6)?

Why is Rule 30(b)(6) so important?

How does Rule 30(b)(6) become an effective tool during depositions?

How is Rule 30(b)(6) especially helpful when deposing corporate executives?

Do you educate and teach on Rule 30(b)(6)?

Can questions outside the scope of the noticed Rule 30(b)(6) motion be asked of the company representative in a deposition?

Discuss how Rule 30(b)(6) works procedurally

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  1. It’s malpractice to not study this and Mark’s book is the gold standard.
    —John Romano, past president of the Florida Justice Association and editor of Anatomy of a Personal Injury Lawsuit
  2. Lawyers often—and wrongly—think of the federal rules as restraints. They are wrong to do so. When understood and prudently applied, the rules provide flexible, economical, and effective ways to marshal the facts and bring the law to bear on a contested case. A hard-litigated case is a real fight, but it’s a structured fight. The rules provide the structure. Mark Kosieradzki shows you how Rule 30(b)(6) cuts through corporate or governmental fog. He teaches the steps you need to get to the facts and the people who know them. His book provides lawyers with powerful tools to build and win their cases.
    —Judge James Rosenbaum, United States District Judge (Ret.), former Chief Judge of the District of Minnesota
  3. Mark Kosieradzki’s book covers the law and strategy for dealing with every possible question about 30(b)(6) depositions. No matter how obstructive the opposition, this book gives you the path and the strategy to prevail.
    —Phillip Miller, author of Advanced Depositions Strategy and Practice

  4. Mark Kosieradzki has taken the rather mundane 30(b)(6) corporate representative deposition and created one of the most important books for plaintiff lawyers in the last twenty years. Using Mark’s techniques will bring you a treasure trove of information that the generic 30(b)(6) deposition and requests for production would never get. This is a ‘must have’ book for all plaintiffs’ lawyers.—Paul Scoptur, author of Advanced Depositions Strategy and Practice

  5. Mark Kosieradzki, an outstanding trial lawyer, wrote this book with his almost four decades of experience. This comprehensive and easily readable book combines illustrations, examples, and summaries; legal analysis of the nuances involved in the rule; and is supported by detailed authority.—Mike Steenson, director of law review; Larry and Christine Bell Distinguished Professorship, Mitchell Hamline School of Law

  6. Mark Kosieradzki’s new book not only reveals how to spell his last name, but also walks you through the entirety of 30(b)(6) depositions. He focuses on the technical basics and purposes of these essential depositions, and guides you to using them skillfully. If you’re new at it, Mark’s thorough book takes you from zero to sixty with extraordinary clarity. If you think you know all about 30(b)(6)s, Mark’s book will still fill in gaps you don’t even know you have. This is not just another strategy book; it is an essential primer of the technical skills that will help you maximize the benefits of a well-executed 30(b)(6).—David Ball, author of David Ball on Damages

  7. Tired of corporate defendants giving you the runaround and producing nothing useful in discovery? Mark Kosieradzki’s book is the key to unlocking the vault where defendants hide the secret documents you need to win your case. This book is an invaluable resource you will use every time you do a 30(b)(6) deposition.—Randi McGinn, author of Changing Laws, Saving Lives and president of the Inner Circle of Advocates

  8. This book allows every plaintiffs’ lawyer in any state or jurisdiction to become an expert on taking corporate representatives’ depositions. Stop the wild hunt for the right witness.—Sach Oliver, member of the Arkansas Trial Lawyers Association

  9. Long before a presidential candidate told us, ‘Corporations are people too,’ the Federal Rules of Civil Procedure required corporations to testify through a single human voice. This rule blocks corporations from putting up a thicket of know-nothing witnesses who hide the corporation’s knowledge behind ‘not me.’ The great weapon that is 30(b)(6) finally has a great explainer and brilliant teacher in Mark Kosieradzki. All advocates for people up against big entities owe heartfelt thanks to Mark for opening his toolbox to the rest of us.—Patrick Malone, member of Inner Circle of Advocates, coauthor of Rules of the Road, and author of The Fearless Cross-Examiner

  10. When a party is an institution, discovering facts is often laced with obstruction, evasion, and frustration. Rule 30(b)(6) offers real assistance but only if well understood. Mark Kosieradzki’s book provides an engaging, accessible, and thorough exploration of the rule and explains essential steps for using it. Mark’s book will likely be seen as intended for plaintiffs’ lawyers, but it offers insight for defense attorneys and would be a good read for law students too.—David Walker, emeritus professor of law, former dean of Drake Law School

  11. For years, I have followed Mark Kosieradzki around the country to attend his presentations on 30(b)(6), eagerly awaiting the release of this book. His writing and teaching style are content-rich but accessible to even a novice attorney. A well-planned and well-executed 30(b)(6) can win a case, and the techniques I learned from Mark allowed me to take 30(b)(6) depositions at a skill level far beyond my years of practice and win my first civil jury trial. You could spend decades trying to harness the power of 30(b)(6) on your own, or you could read this book.—Amanda Francis, board member of the Colorado Trial Lawyers Association, member of the Colorado Bar Association’s Litigation Committee

  12. If your case involves a party with a name ending in ‘Inc.,’ ‘Corp.,’ ‘PA,’ ‘LLC,’ ‘Partnership,’ ‘Trust,’ ‘Dept. of,’ ‘Gov’t. of,’ or if knowledge from any of these bears on your case, (virtually any case being litigated today), this book is pure gold. Kosieradzki’s 30(b)(6) is not only plainly written with straightforward advice, examples, and supporting case law, but a delight to read. I wish he had written it twenty-five years ago.—Carl Bettinger, author of Twelve Heroes, One Voice

  13. Deposing a corporate representative is one of the most powerful tools available to a trial lawyer. Mark Kosieradzki’s book is the owner’s manual that shows you the correct way to use it. WARNING: Failure to Follow the Manual May Result in Serious Damage to Your Case!—Bob Pottroff, former president of the Kansas Association for Justice and former chair of the American Association for Justice Railroad Litigation Group

  14. Mark’s book is an absolute must-read for every lawyer, whether a beginning trial lawyer or a seasoned practitioner who is undertaking a 30(b)(6) deposition. A brilliant work with something of value on virtually every page. A road map to success.—Jim Bartimus, fellow of the International Academy of Trial Lawyers

  15. Far too many lawyers practice law using folklore. This book helps those of us who want to read and understand the rules. There aren’t many silver bullets, but this book is one.—John Taussig, co-chair of the Colorado Trial Lawyers Association Bad Faith seminar, graduate of the Spence Trial Lawyer’s College

  16. Mark has spent twenty years developing a 30(b)(6) roadmap to make it easier and more efficient to use these depositions as part of our discovery. Anyone who deposes corporations, organizations, or the government should read this book.—Steve Langer, past president of the Indiana Trial Lawyers Association

  17. Mark has taught me how to get documents that the defense would never produce. By speaking directly to the source, I have found boxes of unproduced documents and neutralized objections before the defense can utter them. They are helpless. I use these tools with every commercial defendant and have generated incredible results for my clients. I am forever indebted to Mark for teaching me how to be a ‘Rebel with a Kos.’—Render Freeman, faculty member for the American Association for Justice and graduate of the Spence Trial Lawyer’s College

  18. In over forty years of law practice, I’ve never read a better practice manual. Mark Kosieradzki has distilled decades of hard work and experience in this single volume. Build off Mark’s experience and improve your results when litigating with corporate or governmental entities that want to play ‘hide the ball.’—Ken Connor, trial lawyer with verdicts totaling over $200 million and has tried cases from Florida to California

  19. In 30(b)(6), Mark Kosieradzki provides a unique approach and a roadmap for truly fact-finding corporate and government depositions. Over more than thirty years, Mark has refined the art of the 30(b)(6) corporate representative deposition. His well-honed techniques will make you a better advocate for your clients. I have been eagerly waiting for this book.—Julie Braman Kane, president of the American Association for Justice, past chair of the National College of Advocates

  20. Thorough, detailed, and comprehensively researched, this book reminds every lawyer that 30(b)(6) depositions are the overlooked and misunderstood gem of discovery. Kosieradzki opens his briefcase, hands you his notes, and then explains in detail exactly how to use them to defeat the enemy. Don’t reinvent the wheel: Kosieradzki’s wheel is better and already battle tested.—Zoe Littlepage, member of the Inner Circle of Advocates and recipient of the American Association for Justice’s Pursuit of Justice Award, 2015

  21. Canadians, don’t be fooled by the title. American and Canadian discovery rules are the same. The computer systems that store documents in America are the same as those in Canada. I have been using Mark’s techniques in Canada for years to get information I would never otherwise have uncovered.—Robyn Wishart, practices across Canada specializing in spine and brain injury

  22. Practitioners have long recognized the power of a 30(b)(6) deposition. Even if the opposing party comes empty-handed, a well-taken 30(b)(6) deposition can lead to the discovery of dispositive facts. Mark Kosieradzki’s work offers practical advice for ensuring that your 30(b)(6) deposition lives up to its potential.—Andrew M. Pardieck, associate professor of law, Southern Illinois University School of Law

  23. In truck crash litigation, the 30(b)(6) deposition is one of the most potentially powerful weapons in the plaintiff lawyer’s arsenal—but only if you issue notices, prepare for them, and take them properly. Mark has been the go-to authority on 30(b)(6) depositions for years and with this book he shares his innovative work with us all. Look out world.—Joe Fried, founder of the Academy of Truck Accident Attorneys and faculty member of the Spence Trial Lawyer’s College

  24. I’ve worked with Mark and seen first-hand the power of his techniques to force corporate defendants to answer questions they don’t want to answer. This book is an excellent step-by-step guide so that you, too, can cut through the evasiveness of corporate wrongdoers. You need this book. Your clients need you to have this book.—Deborah Nelson, past president of the Washington State Association for Justice

11 reviews for 30(b)(6)

  1. Rated 5 out of 5

    Richard R. Kennedy

    Mark Kosieradzki’s 30(b)(6) Deposing Corporations, Organizations & the Government masterfully explains the intricacies and nuances of Rule 30(b)(6) and Rule 30(b)(2) depositions. It is a must for inexperienced and experienced attorneys alike. Every attorney will profit from reading, studying, and keeping it close by for ready reference. I have benefited from this learned treatise and highly recommend it to my fellow trial attorneys.

  2. Rated 5 out of 5

    Phillip Sanov

    I am embarrassed to admit it took this book for me to understand the powerful ways to use 30(b)(6) depositions. In addition to helpful text, the book contains several sample outlines one can tailor to their particular cases. Our practice takes me to many states, so the index to each state-equivalent-rule is priceless. Along with Rules of the Road, this book is a must-have for plaintiff’s trial lawyers.

  3. Rated 5 out of 5

    Diana Rhodes

    In preparing a new 30(b)(6) notice, I took my draft that I have used many times in the past, and used this book to “fine tune” the notice. I made significant changes that will definitely create a more focused approach to the deposition, and more thorough discovery. Excellent book! Invaluable resource for any attorney, a must have regardless of your experience.

  4. Rated 5 out of 5

    Jason Ochs

    Excellent treatise on 30b6 and a must read for any litigator. As we start to fully utilize the power of 30b6 (only after reading this book did I realize) the defense will push back, and we must be able to educate our judges on our right to utilize this rule the way it was intended. I highly recommend buying this tool to help you do both.

  5. Rated 5 out of 5

    Steven Langer

    Now that Mark’s book has been out for some time and I have had the opportunity to “test” the book, I believe this book is one of the best written, thoughtful and informative books that I have purchased in my 30+ years of practicing law. If you have not purchased this book, I recommend buying it immediately. I had the opportunity to express praise for the book when it first came out. Mark set high standards in writing the book and surpassed them.

  6. Rated 5 out of 5

    Lon Dale

    Mark Kosieradzki’s book is a tremendous guide to a difficult area of the law where there is lots of gamesmanship. Anyone noticing a rule 30b6 deposition needs to have reviewed Mark’s book in advance. Many helpful strategies are thoroughly discussed along with excellent citation to authority.

  7. Rated 5 out of 5

    Todd Benson

    I have been trying cases for over 22 years. From a practical standpoint, this is the best book I have ever read. I wish I had this book for the past 22 years. If you try cases, you must buy this book.

  8. Rated 5 out of 5

    Richard R. Kennedy

    On Jan. 27, 2017, I wrote a review and comment about Mark’s book. A year later I wish to confirm that this book is unquestionably the Rule 30(b)(6) Deposition Bible, which I keep by my desk. I constantly refer to it and, in addition to corporate depositions, Mark has lots of other helpful information, with citations, that all trial attorneys need. I saved lots of valuable time.

  9. Rated 5 out of 5

    Chris Langefeld

    Absolutely exceptional in its ability to walk an attorney through the process of creating effective discovery strategy when dealing with an organization! The information in this book is something that has been around but no one has taken the time to explicate the case law and rules involved with FRCP 30(b)(6) like Mark Kosieadzki in this book. An must read for any Plaintiffs’ attorney looking to break through the organized crime of corporate defense obfuscation.

  10. Rated 5 out of 5

    Neil T. O’Donnell

    Mark’s book helps us harness the power of Rule 30(b)(6). The results in my practice have been extraordinary. The book is filled with great sample notices and useful case law. If you are trying cases, this book make you a better advocate for your clients. Buy it today and dive in.

  11. Rated 5 out of 5

    Matthew Christian

    Everytime I have a 30(b)(6) issue I open the book and the answer is there. It’s wonderful for dealing with motions.

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