Section 4.55 Lack of Proper Foundation

• Library: Discovery 2015

A party may object to use of a deposition as the deposition of a party that is a corporation or other organization when the deponent was not designated by the corporation to testify on its behalf or was not, at the time of the deposition, an officer, director, or managing agent of the organization. See, e.g., State ex rel. Plank v. Koehr, 831 S.W.2d 926 (Mo. banc 1992). The Plank Court found that a corporation’s stipulation (at the appellate level) that the depositions of three employees constituted the corporation’s testimony did not satisfy the requirement of the discovery rule mandating designation of a corporate representative when:

·the stipulation was not made before...