Subject: Nebraska Sample Letter for 30(b)(6) Representative Unavailability Dear [Recipient's Name], I hope this letter finds you in good health. I am writing to address a matter related to the unavailability of a 30(b)(6) representative in the state of Nebraska. As there can be various scenarios under which a representative is unavailable, I would like to discuss a few possible circumstances and how they might be handled. 1. Absence of a Designated 30(b)(6) Representative: In some cases, due to unexpected circumstances or logistical reasons, a company may not have a designated representative who can fulfill the obligations outlined in the Federal Rule of Civil Procedure 30(b)(6). This rule states that the corporation should designate a spokesperson who can provide information on the topics specified in the deposition notice. If a representative is not available, the requesting party should be informed promptly. 2. Unavailability Due to Schedule Conflict: Another scenario could involve a 30(b)(6) representative being unavailable due to prior commitments or scheduling conflicts. In such cases, it is essential for the company to promptly inform the requesting party about the unavailability, as well as propose alternative dates or provide an estimated timeframe when a representative will be available to participate in the deposition. 3. Representative Unavailability Due to Illness or Emergency: Sometimes, unforeseen circumstances such as illness or emergencies may prevent the designated representative from attending the deposition. In such situations, it is crucial for the company to notify the requesting party immediately, explaining the situation, and provide a suitable timeframe for rescheduling the deposition. 4. Potential Consequences and Required Diligence: It is important to note that if a representative is unavailable and the company fails to take appropriate action, it may result in legal consequences. The requesting party might file a motion to compel, seeking court intervention to ensure compliance with the legal obligations related to a 30(b)(6) deposition. To avoid such situations, the company must demonstrate diligence in promptly notifying the requesting party and actively providing alternatives for rescheduling. In conclusion, the availability of a 30(b)(6) representative is crucial when subpoenaed for a deposition. However, situations may arise where the representative becomes unavailable. Whether it is a lack of designated representatives, scheduling conflicts, or unexpected events, it is vital to promptly inform the requesting party about the unavailability and propose alternative options to ensure compliance with the Federal Rule of Civil Procedure. Please note that while this general information can provide guidance, it is always recommended seeking legal advice specific to your case and jurisdiction. I hope this letter clarifies the various scenarios surrounding the unavailability of a 30(b)(6) representative in Nebraska. Thank you for your attention to this matter. Sincerely, [Your Name]