Forms:
Form of Notice of Deposition under Federal Rules of Civil Procedure 30(b)(6)
This form is based on a notice of deposition used in a major personal injury case. Time spent on the topics to be covered will be valuable. Answers to requests for admissions can sometimes be avoided, but it is difficult for an adverse party to avoid deposition answers made by a witness who knows the party’s history.
[Caption and format as required by local rules, typically including:
Plaintiff’s Notice of Deposition to Defendant XYZ Company Under FRCP 30 (b) (6) Duces Tecum]
To: defendant XYZ COMPANY, and its Attorneys,
John Smith, Esq.
Karen Jones, Esq.
Smith Jones Brown
1000 SW Main
Portland OR 97204
You and each of you please take notice that at 9:00 a.m., on July 9, 200_, at the offices of Smith Jones Brown, 1000 SW Main, Portland OR 97204, the undersigned will take the deposition of defendant XYZ COMPANY upon oral examination before a court reporter. You are required to attend and are invited to cross-examine. The oral examination will continue until complete. The testimony will be recorded by stenographic means and by video taping.
The deposition will be in accordance with Federal Rules of Civil Procedure 30 (b) (6), and the designee(s) will be examined on these topics:
1. Safety standards used or referred to by XYZ Company that relate to [cause of the injury or death] as applicable to the period of 200_ through 200_. Plaintiff’s counsel expects that this will include 29 CFR _____ [set out known safety standards]. In any event the witness will need to testify about sources XYZ Company referred to for safety standards for the relevant period. The witness will need to be familiar with the specific application of the relevant standards to [the situation that caused the injury or death].
2. As pertaining to the [other relevant writing]: what XYZ Company understood to be its obligations for _____________ in 200_ and 200_ as to _________, what did XYZ Company do to communicate its expectations about ___________, what did _______ do or communicate in response, and what did XYZ Company know, before [relevant date, perhaps date of injury], about [the condition that led to the injury or death].
3. Other information about the incident that resulted in [injury or death].
AND BRING WITH YOU the following documents:
1. Sources XYZ Company refers to for safety standards, as applicable to the period of 200_ through 200_.
Signed ______________.
s/ E. J. Simmons
____________________________
E. J. Simmons
[additional information as required by local rule]
Attorney for Plaintiff ________
[Certificate of service]
You may want to include the letter to adverse counsel that I recommend in the post about forcing efficient 30(b)(6) depositions.