This form is used by the plaintiff to provide of the defendant's deposition and includes a request for the production of certain documents and/or things.
New York Notice of 30(b)(6) Deposition of Defendant and 30(b)(5) Request for Production of Documents and or Things - Discovery
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Multi-State
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US-PI-0256
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Word;
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How to fill out Notice Of 30(b)(6) Deposition Of Defendant And 30(b)(5) Request For Production Of Documents And Or Things - Discovery?
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FAQ
Rule (30)(b)(6) applies to depositions of both party and nonparty corporations. For nonparty deponent corporations, the rule requires that the noticing party issue a subpoena. The rule has two basic requirements. First, the notice must describe with ?reasonable particularity? the matters for examination.
A subpoena shall advise a non-party organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a deposition by any other procedure authorized in these rules.
The notice shall be in writing, stating the time and place for taking the deposition, the name and address of each person to be examined, if known, and, if any name is not known, a general description sufficient to identify him or the particular class or group to which he belongs.
5 Steps for Responding to a Deposition Notice Analyze the documents that were served. ... Notify the party deponent. ... Decide whether to contact a nonparty witness. ... Object to defects in the deposition notice. ... Object to the production demand.
Rule 30(b)(6) is designed to prevent organizations from ?sandbagging? opponents at trial by making a ?half-hearted inquiry? into matters before depositions ?but a thorough and vigorous one before the trial.? See, e.g., Bd.
30(b)(6) as requiring organizations to designate a knowledgeable witness on the specific topic noticed. This requirement is especially important when the party issuing the notice cannot identify an appropriate witness within the organization due to the specialized nature of the knowledge.
Under Rule 30(b)(6), the deponent ?must make a conscientious good-faith endeavor to designate the persons having knowledge of the matters sought by [the party noticing the deposition] and to prepare those persons in order that they can answer fully, completely, unevasively, the questions posed?as to the relevant ...
JF: A deposition is an opportunity for parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial. It's part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses.