WASHINGTON (February 8, 2019) — More than 130 large companies signed on to a letter to the Federal Civil Rules Advisory Committee to oppose proposed amendments to Rule 30(b)(6) of the Federal Rules of Civil Procedure. The companies, all members of the Association of Corporate Counsel (ACC) or Lawyers for Civil Justice (LCJ), oppose the proposal that litigants identify their 30(b)(6) depositions witness identities during meet and confer sessions, which they say will further convolute the deposition process.
The 138 companies, which include Fortune 500 organizations from industries including oil and gas, retail, and pharmaceutical, argue that the proposed amendment would burden organizations and the in-house legal departments that are involved in preparing the 30(b)(6) witnesses who participate in depositions. Under the proposal, the party noticing the deposition might be able to influence the choice of the witnesses, unsettling the "well-grounded law" that the responding organization selects its own witnesses.
"The proposed meet and confer requirement opens the door to parties challenging the selection of deposition witnesses, something that should be at the sole discretion of the organization," said Mary Blatch, ACC associate general counsel and director of advocacy. "There is no need to add new burdens to the deposition process."
The proposal also adds a "continuing as necessary" requirement, which the 138 organizations argue brings confusion to the process regarding the length of time of conferral and what is considered "as necessary." The group letter also argues that while there are certainly shortcomings to Rule 30(b)(6), these are not addressed by the proposed amendments, which only serve to add additional burdens on corporate law departments.
To read the letter from 138 companies opposing the proposed amendment to Rule 30(b)(6), visit https://www2.acc.com/advocacy/upload/138-Companies-Letter-to-Civil-Rules-Committee-on-Rule-30-b-6.pdf (PDF).
About ACC: The Association of Corporate Counsel (ACC) is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other organizations through information, education, networking, and advocacy. With more than 45,000 members in 85 countries employed by over 10,000 organizations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.® For more information, visit www.acc.com and follow ACC on Twitter:@ACCinhouse.