AUTHOR: Mark Kosieradzki
PUBLISHER: Trial Guides
Rule 30(b)(6) is the most underused and misunderstood weapon in the arsenal of a trial lawyer. It is not just for major corporate litigation. It can be used in any case where it is necessary to get information from an organization, regardless if they are a party!
Rule 30(b)(6) is not just for major corporate litigation, complex product liability, mass tort, or commercial litigation cases. Nor are they limited to the federal courts. Minnesota Rule 30.02(f) mirrors the Federal Rule.
You will learn how a 30(b)(6) deposition will help you in just about any type of case you are handling:
Insurance cases … use this efficient and effective tool to force the carrier (not its filtering counsel) to produce the information and documents in your clients’ UIM or bad faith cases.
Subrogation issues … having trouble with a subrogation carrier (or its claims agent) that assumes it can bully you until you finally capitulate? You can force them to show their hand and reveal the weakness of their position.
Premises liability cases … are you frustrated with the meager “disclosure” of maintenance or security evidence? You can cut through the evasive dust cloud created by a defendant and its attorney to get the evidence your client deserves.
Affirmative defenses … take on those affirmative defenses that institutional defendants include at the end of their Answers. Learn how to take advantage of the “gift” that the defense creates for you with these word-processor inclusions. Summary judgment motions are much more enjoyable when it’s your motion against the defendant!
Boilerplate objections … learn how to use the organizational defendant’s own witness to educate defense counsel about their unfounded assertions that your request is over-burdensome, vague, etc.
Non-party organizations … use this tool to get the evidence you need for your client’s case from a non-party organization (e.g., records from a government entity, personnel or financial records from an employer or accounting firm, medical records from a health care provider, maintenance records from a trucking company, and so much more).
30(b)(6) can be used in any case where it is necessary to get information from an organization, regardless if they are a party!