September 9, 2014
Third Quarter Lunch on 30(b)(6) Deposition Technique
On September 9, 2014, the Section sponsored its quarterly luncheon for members that featured a panel discussion on 30(b)(6) deposition technique. This was the first event that the Section offered as a simultaneous webcast for members outside of Salt Lake City. The Section hopes to continue this practice so that members in all parts of the State have access to our high quality CLE program.
The panel, moderated by Section Secretary Michael Stahler (Strong & Hanni), consisted of former Section Chair George Burbidge (Christensen & Jensen), John Fay (representing the plaintiff’s perspective), Judge Keith Kelly (Utah State Courts), and Judge Dale Kimball (U.S. District Court, District of Utah). The panel largely discussed procedural concerns and important considerations for taking and defending 30(b)(6) depositions including unintentional testimony attributed to the corporate entity, maintaining the boundary between testimony given by the individual and that on behalf of the entity, strategy for those taking a 30(b)(6) deposition to “lock in” the entity into testimony, and preparing and responding a proper notice. Judge Kimball advised counsel to be careful of conflicting testimony and said that the U.S. District Court entertains a lot of motions related to the location where a 30(b)(6) deposition is to occur when the entity is headquartered out of state.
The panel also advised counsel to properly prepare 30(b)(6) deponents to be able to respond to their respective 30(b)(6) topics. Both Judges said that an unprepared deponent who dodges or cannot answer the questions for the entity might incur discovery sanctions and hinders the discovery process.
The Section recorded the CLE and hopes to have it available either on its website or on the Utah State Bar website.
Photos from this event can be found HERE