As technology continues to transform the way lawsuits are planned and executed, the role of the "30(b)(6) witness" has grown in importance. U.S. Federal Rule of Civil Procedure 30(b)(6) provides the means to obtain testimony about an organization's policies and procedures concerning electronically stored information (ESI), and a firm understanding of this rule is essential. Rule 30 (b)(6) allows a party to "name as the deponent a public or private" organization "and must describe with reasonable particularity the matters for examination."
Throughout the course of this program, attorney Albert Barsocchini stresses the need for companies to have policies in place about which the 30 (b)(6) witness may be asked to testify in a deposition. He notes that this witness is, in fact, the “corporate voice,” and he provides guidance on how to select this person, including the option of using a vendor instead of someone from within the company and how to best prepare the witness. He advises on how to carefully scrutinize the Deposition Notice and how to limit its scope through a Protective Order or Motion to Quash. He notes the rising importance of Meet and Confer Conferences and discusses in depth how they can help to assess risks as well as gauge costs of e-discovery.
Mr. Barsocchini also delivers valuable tips on basic trial techniques and strategies which can apply to other high stakes cases, such as witness preparation, deposition practice and communications with opposing counsel and judges. For lawyers involved in cases in which e-discovery may be an issue, on both plaintiff and defendant sides, this program identifies and explains the core issues on which success or failure may depend.