Section 4.45 Use of Depositions of Persons Speaking for Corporations, Partnerships, Associations, or Governmental Agencies

• Library: Discovery 2015

A deposition will be treated as the deposition of a corporation or other organization that is a party and may be used for any purpose when the deponent is a person designated by the corporation or organization to testify at the deposition on its behalf under Rule 57.03(b)(4). Annin v. Bi‑State Dev. Agency, 657 S.W.2d 382 (Mo. App. E.D. 1983). The deposition is that of the corporation or organization that is a party and may be used to the same extent as depositions of other parties who are individuals.

One of the advantages of permitting a party that is a corporation or other organization to designate the persons to testify on its behalf is the ease with which those depositions may be used as the depositions of the organization. Most questions concerning the use of the depositions will occur when the corporation is not permitted to designate the persons to testify on its behalf but, rather, the deposition of a particular officer, director, or managing agent is sought and taken. In that event, there must be a showing that the deponent filled one of those three capacities at the time the deposition was taken. This showing may be accomplished through the use of requests for...