A 30(b)(6) deposition can be a stressful and complicated legal matter for a corporation, and choosing the right representative to testify can be challenging. Here, the computer forensics specialists at Atlantic Data Forensics provide several key points of information for corporations facing a 30(b)(6) deposition.

Unlike the deposition of an individual, a Rule 30(b)(6) deposition is notice to an entire company that it is being sued, and references specific topics on which the company will be questioned. The company must choose a representative to answer these questions, and select employees, officers or third-party representatives to testify.

A Rule 30(b)(6) deposition is a complicated affair, so it is important for the testifying company to be adequately prepared to face the deposition procedure. Here are a few critical pieces of information for which companies should be aware.

Questions of Fact and Opinion May Be Asked

In most districts, deposition attorneys can ask questions about the factual bases of claims or defenses, as well as question the representative’s opinion of a matter. As such, it is important for witnesses to be prepared for a variety of questions. Before testifying, an attorney who is familiar with the rulings of the district where the deposition is to occur should be consulted to provide guidance on the types of questions that may come up.

Most Questions Are Allowed

The deposition attorney may attempt to ask questions beyond the scope of the topics provided in the original deposition notice. A party giving a 30(b)(6) deposition is under obligation to designate a witness, or witnesses, to testify to the categories in the notice. If a witness cannot adequately address a topic for which they have been asked a question, the party giving the deposition is subject to sanctions. However, that doesn’t mean that the deposition lawyer must confine their questions to the topics mentioned in the notice. Questions that go beyond the original scope are considered to question the witness’ personal knowledge, and are governed by the general rules of discovery in the Federal Rules of Civil Procedure (FRCP). Witnesses should be prepared for this situation, and be aware that inappropriate questions may be objected.

Working with an Expert Can Be Beneficial

If a company has been notified of a 30(b)(6) deposition and must provide a witness, they should enlist the help of experts who can guide witnesses on how to prepare for the deposition. In these cases, an expert can assist counsel in preparing testimony, provide direct and honest findings to aid counsel in making informed decisions and educate counsel on matters relevant to computer forensics and cybersecurity. An expert can also provide responsive feedback to RFP’s. Testifying during a 30(b)(6) deposition can be very stressful, but enlisting the help of a deposition expert can help witnesses to answer questions in a manner that improves the outcome of the deposition.

The computer forensics professionals at Atlantic Data Forensics have extensive experience with 30(b)(6) depositions, and can help witnesses prepare to answer questions confidently and accurately.  For more information, contact us today!