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On-Demand: Rule 30(b)(6) Has Been Amended! Learn About the New Rule and How to Use It



ON-DEMAND: RULE 30(b)(6) HAS BEEN AMENDED! LEARN ABOUT THE NEW RULE AND HOW TO USE IT

April 7, 2021 to May 5, 2021 | Online | 5 Weekly Sessions

Many people think Rule 30(b)(6) is only for big federal cases, major corporate litigation, complex product liability, mass tort, or commercial litigation cases. That is a mistake. Anytime you want to get information from any corporation, organization or the government, then this program is for you.
The rule isn’t restricted to Federal litigation. Most states have procedure rules that mirror Fed. R. Civ. P. 30(b)(6) and virtually every state looks to the Federal Rules to interpret the State Rules.
This program will teach you how to craft a 30(b)(6) notice, as well as the case law explaining what are the areas you can ask about. You will learn how to deal with objections under the new meet and confer requirement. The program will also arm you with the Rules that define the obligations of the producing organization. Understand the Rules so you can establish foundational questions needed to build a record to successfully compel production of information.

 AAJ is not responsible for accrediting or reporting CLE credits for recorded programs. Members are responsible for ensuring their state accepts self-applications for self-study CLE credits. For more information on CLE credits and on-demand programs, click here.

      
Wednesday, April 7, 2021
Welcome Announcements
What is Rule 30(b)(6): Federal and State Rules
Crafting the 30(b)(6) Notice and Dealing with Objections 
  • Duties of Requesting Party
  • Reasonable Particularity Standards 
  • Understanding Proportionality
  • Matters of Inquiry: Claims, Defenses, Contentions, Positions
  • Foundation Depositions
    • Rule 34 Document/ ESI Challenges 
    • Rule 26 Requirements 
    • Identifying Proportional Discovery Mechanisms
    • Neutralizing Objections
    • Requests Protocol
    • Neutralizing Confidentiality 
  • The New Meet and Confer Requirement 
  • Dealing with Objections 
Question and Answer Session 
Wednesday, April 14, 2021
Welcome Announcements
Duties of the Responding Party 
  • Duty to Object to Notice
  • Timeliness
  • Motion for Protective Order - Meet & Confer
  • Duty to Appear, Designate, Prepare
  • Institutional v. Individual Knowledge
  • Reasonably Available Information 
  • Privilege Waiver
  • Duty to Substitute/ Supplement 
  • Sanctions for Unprepared Witnesses
 Executing the Deposition
  • Structuring Questions
  • Restating and Summarizing 
  • Establishing Rules: Rhetorical Questions and the Miller Mousetrap 
Question and Answer Session 
Wednesday, April 21, 2021
 Welcome Announcements 
Rules of the Road, Overcoming Objections, and Sanctions
Rule 30(b)(6): Examples from Medical Negligence Cases 

  • Identifying the Medical Negligence 30(b)(6) Matters of Examination 
    • Wilson v. Lakner
  • Establishing Rules of the Road and Standards of Care
  • What Happens if they Don't Comply 
  • Getting Past the Usual Objections 
Corporate Structure, Standards of Care, and Making the Record
Rule 30(b)(6): Examples from Nursing Home Abuse and Neglect Cases

  • Unveiling the Corporate Structure 
  • Establishing Regulatory Standards of Care
  • Establishing Violations of the Standards of Care
  • Making an Understaffing Record
  • Substantive Nursing Home 30(b)(6) Matters of Examination 
Question and Answer Session 
Wednesday, April 28, 2021
 Welcome Announcements 
Getting the Documents You Need 
  • Establishing Relevance and Proportionality
  • Eliminating Confidentiality 
Getting the Defense Off the Fence on Rules and Kay Facts
  • Sourcing for Rules
  • Length of Time and Knowledge 
Neutralizing the Defenses and Bad Facts 
  • Normalizing Client's Bad Conduct 
  • Sudden Emergency Defense 
  • Just a Mom & Pop Company
Question and Answer Session 
Wednesday, May 5, 2021
Welcome Announcements 
Integrating 30(b)(6) Depositions into Your Trial Plan 
  • When to Use 30(b)(6)?
  • Coordinating 30(b)(6) with the Individual Depositions 
Binding Effect & Using 30(b)(6) at Trial
  • Understanding Legal Principals 
  • How to Make the Deposition Binding 
  • Locking Down Positions
  • 30(b)(6) at Trial 
    • Evidentiary Issues
    • Party v. Non-Party 
    • Changing Testimony 
    • Experts Bound by 30(b)(6)
Question and Answer Session