Subject: Texas 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 express my concerns regarding the unavailability of a 30(b)(6) representative for our ongoing legal proceedings. As per my understanding, Rule 30(b)(6) of the Texas Rules of Civil Procedure requires the designated representative(s) to testify on behalf of an organization or entity for specific topics specified in a deposition notice. Despite our efforts to schedule a deposition and comply with the relevant rules and regulations, we have been unable to secure a qualified representative from our organization to fulfill the obligations of 30(b)(6). This situation has arisen due to unforeseen circumstances, which include but are not limited to: 1. Unforeseen absence or unavailability of key personnel: We have encountered circumstances beyond our control, such as sudden illness, family emergencies, or other urgent matters that have rendered our designated representatives temporarily indisposed or unavailable. 2. Lack of expertise: Our organization may have found it challenging to identify an individual within our ranks who possess the required knowledge, breadth of experience, and familiarity with the subject necessary to effectively represent our organization in accordance with the 30(b)(6) deposition notice. Texas Sample Letter for 30(b)(6) Representative Unavailability offers variations depending on the reasons for the representative's unavailability: a. Unavailability due to scheduling conflicts: If our designated representative is unable to attend the deposition due to scheduling conflicts or pre-existing commitments, we request the opposing party's cooperation in rescheduling the deposition at a mutually convenient time. b. Non-appointment of a qualified representative: In situations where our organization has failed to appoint a qualified representative to fulfill our obligations under 30(b)(6), we acknowledge the seriousness of the matter and assure you that we are taking immediate steps to rectify the situation. We kindly request your understanding and flexibility as we work towards identifying an appropriate representative as quickly as possible. c. Representative unavailability due to legal or ethical considerations: Occasionally, our organizational policies or legal obligations may restrict certain employees from acting as representatives in a deposition. In such cases, we humbly request your understanding and cooperation as we continue to seek alternatives while ensuring compliance with all applicable laws and regulations. We understand the importance of cooperating fully and in good faith during the discovery process. As such, we are committed to resolving the issue of unavailability promptly and finding an acceptable solution. We are open to discussing potential alternatives, such as expert witness testimony, specialized consultants, or providing designated representatives for specific topics within our capabilities. Please let us know your thoughts on how we may proceed to address this issue within the legal framework. We value your professionalism and dedication to a fair and just legal process, and we assure you of our commitment to resolving this matter to the best of our abilities. Thank you for your understanding and cooperation. We look forward to your response. Sincerely, [Your Name] [Your Position/Title] [Your Organization]