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Preparation. Rule 30(b)(6) mandates that the witness be prepared to testify not only about information known to him or her, but also about matters that should be known by the corporation. Alexander, 186 F.R.D. at 141.
Parties may obtain discovery regarding any matter, not privileged, which is: (i) relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party; and (ii) proportional to the needs of the case, ...
The amended FRCP 30(b)(6) specifically requires that: ?Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination.? The amendment also mandates that a subpoena to a nonparty organization advise of the duty to confer with ...
Parties may obtain discovery regarding any matter, not privileged, which is: (i) relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party; and (ii) proportional to the needs of the case, ...
Rule 30(b)(6) allows for depositions of corporate representatives and their testimony is binding on the company. Counsel for noticed companies should review 30(b)(6) notices carefully and object if the notice seeks out-of-bounds testimony.
Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.
Under FRCP 30(b)(6) and ORCP 39(c)(6) (collectively ?Rule 30(b)(6)?), a party to a lawsuit has the right to issue a notice for the deposition of a ?public or private corporation, a partnership, an association, a governmental agency or other entity.? The notice must ?describe with reasonable particularity the matters ...
As amended, Rule 412(a) bars evidence offered to prove the complaining witness engaged in "other sexual behavior" or to prove the complaining witness's "sexual predisposition." These terms are taken verbatim from Federal Rule 412(a)(1) and (2) and include evidence the former Alabama rule defined as "Evidence Relating ...