Episode 47: A Listener Asks: Can An Entity Designate 29 Separate 30(b)(6) Witnesses for 30 Topics?

In this episode, Jim Garrity takes a question from one of our listeners. The listener served up a 30(b)(6) topic list covering 30 specific topics. in turn, the entity said, it would produce 29 separate designees. Our listener asks: Can they do this? Is this abusive? Listen in to hear Garrity's response and practice tips. As always, the full citations for cases mentioned in each episode are listed below in the show notes for your quick reference. And if you have questions you would like covered in a future episode, send them in! You can email our production staff at [email protected].

SHOW NOTES:

Grahl v. Circle K Stores, Inc, 2017 WL 3812912 (D. Nev. Aug. 31, 2017) (designation of six or seven 30(b)(6) representatives was not excessive in context of facts, but “[Plaintiff’s] concern "about the potential ‘bandying” from having to depose multiple deponents for multiple topics is not lost on the Court”)

Buie v. D.C., 327 F.R.D. 1, 15 (D.D.C. 2018) (Advisory Committee Notes to 2000 revisions to FRCP 30 Rule 30 make clear that durational limit of seven hours apply to each 30(b)(6) designee; however, court may limit duration in its discretion to ensure proportionality)

Black Horse Lane Assoc., L.P. v. Dow Chem. Corp., 228 F.3d 275, 304 (3d Cir. 2000) (producing an unprepared 30(b)(6) designee is tantamount to producing no witness at all, and is sanctionable)