The Corporate Representative Witness

• Author: Daniel Small
• Profession: Is a partner in the Boston and Miami of ces of Holland & Knight LLP
• Pages: 183-187

A corporate representative witness is a ction for a ction: a ctional (legal)

entity providing a ctional (legal) representative. However, the corporate rep-

resentative witness is an increasingly common part of many kinds of litigation

and other proceedings. Rule 30(b)(6) of the Federal Rules of Civil Procedure,

which governs such witnesses, has become so commonplace that lawyers

often use just the rule number to describe a “30(b)(6) witness.” Most states

have similar rules, often remodeled after the federal one, so for clarity, we

will use the federal rule here. The rule’s purpose is clearly stated in the Notes:

The new procedure should be viewed as an added facility for discov-

ery. . . . It will curb the “bandying” by which ofcers or managing

agents of a corporation are deposed in turn but each disclaims knowl-

edge of facts that are clearly known to persons in the organization

and thereby to it.

F. R. C. P. 30, Advisory Committee’s Notes (1970).

Issues Pertaining to a Corporate Representative Witness

Working with a corporate representative witness involves covering ve

basic issues: entity, notice, witness, knowledge, and preparation. Each will

be briey addressed next.

183

Chapter 31

The Corporate

Representative Witness

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