How To Select A Corporate Representative For A Rule 30(B)(6) and Rule 4:14-2 Depositions in Products Liability Actions

By Eric L. Probst

New Jersey Defense, A Publication by the New Jersey Defense Association
Winter 2014

Federal Rule of Civil Procedure 30(b)(6) and New Jersey Court Rule 4:14-2 require a corporation to designate a witness in response to a deposition notice that describes with “reasonable particularity” the topics upon which the witness will testify. More specifically, Rule 30(b)(6) provides:

In its notice or subpoena, a party may name as a deponent a public or private corporation, . . . and must describe with reasonable particularity the matters for examination. The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify . . .The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.  Fed. R. Civ. P. 30(b)(6).