Deposing a Corporation’s Designated Witness Under Federal Rule 30(b)(6) or Virginia Rule 4:5(b)(6)—“The Designated Hitter”

MCLE Credits: 2.0
Ethics Credits Included: 0.0

Wednesday, March 1, 11:00 a.m. - 1:00 p.m. ET
Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
MCLE Credit: 2.0
Live-Interactive Credit: 2.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Designation Credit: 2.0 Trial Practice/Litigation (Designations Information)
Registration Fees: Live on Site: $159
Webcast: $159
Telephone: $179

Information

Why Attend?

  • Learn the black letter rules for designated-witness depositions
  • Explore how to best select, prepare, and question the corporate designee
  • Get tips and best practices from the experts for both the plaintiffs and defendants

You’ve sued a corporation. It’s time for depositions. You know what you want to ask, but you don’t know who in the corporation knows the answers. Learn how to prepare a deposition notice under Federal Rule 30(b)(6) or Virginia Rule 4:5(b)(6) and how the corporation should respond.

Formerly, the task of obtaining information by deposition from a corporation (or other organization) required that the deposing party name an officer or managing agent as the witness. This created the two-fold problem: that the named person might not have the information you need or that whoever did possess the information might not be an officer or managing agent. Federal Rule 30(b)(6) and Virginia Rule 4:5(b)(6) have remedied this problem by allowing a deposing party to instead describe what it wants to know, not who knows it, leaving it to the corporation to select its witnesses and to adequately prepare them to testify. The deposition notice must describe matters to be covered “with reasonable particularity,” but neither rule limits the number of topics that may be covered in a single notice.

This program will examine the tactics and pitfalls in the use of Federal Rule 30(b)(6) and Virginia Rule 4:5(b)(6) from the perspectives of counsel for both plaintiff and defendant, to include:

  • The “reasonable particularity” requirement
  • Selecting persons to testify
  • Use of outside persons to testify
  • Preparing the witnesses
  • Binding effect of testimony
  • Claiming lack of corporate knowledge of the subject
  • Sanctions for noncompliance

COVID-19 POLICY FOR LIVE-ON-SITE ATTENDANCE

By attending a live-on-site Virginia CLE® seminar, you acknowledge the health risks associated with COVID-19 and that you MUST follow all Virginia CLE® COVID-19 policies. You may NOT attend a live-on-site program if you have tested positive for COVID-19, if you are experiencing COVID-19 symptoms, or if you are under any self-quarantine orders per CDC guidelines.

Click here for details about the Virginia CLE® COVID-19 policy. Please revisit the webpage routinely for updates as we are monitoring the evolving COVID-19 situation. All updates to this policy will be emailed to registrants.
(Last updated March 2, 2022)

 

Discounts available for Virginia CLE webcast-telephone-live seminars Follow link to learn about the Virginia CLE Online Bundle with savings up to 45% Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about discount for New Virginia Lawyers (first 3 years) Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar
Live on Site: Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an On Demand or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE (March 1) (Eastern Time)

11:00 Deposing a Corporation’s Designated Witness Under Federal Rule 30(b)(6) or Virginia Rule 4:5(b)(6)—“The Designated Hitter”
1:00 Adjourn
  • Sign-in for live seminar attendees in Charlottesville begins at 10:30 a.m.
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

ABOUT THE SPEAKERS

James F. Neale, McGuireWoods / Charlottesville

James Neale’s varied trial practice focuses on high-exposure tort cases in courts across the country. He has substantial mass tort and class action litigation experience. His trial experience includes personal injury, products liability, premises liability, transportation, pharmaceutical, and ERISA cases. He has won verdicts in both state and federal court trials. In addition, Mr. Neale has defended clients in a variety of other adversarial arenas, including high-exposure cases before the Judicial Panel on Multidistrict Litigation and numerous arbitration panels. He has briefed and argued appeals to the Virginia Supreme Court, the California Court of Appeals, and the U.S. Courts of Appeal for the 4th and the 11th Circuits.

M. Bryan Slaughter, MichieHamlett / Charlottesville

Bryan Slaughter concentrates his practice on complex personal injury cases. His practice areas include products liability, cases involving traumatic brain injury, serious automobile and truck accidents, and premises liability. He practices throughout Virginia, and has also tried cases in North Carolina, New York, and West Virginia. Mr. Slaughter graduated from the University of Virginia in 1991, and the Washington and Lee University School of Law in 1997. He is a fellow of the American Academy of Trial Lawyers, the International Academy of Trial Lawyers, the American Board of Trial Advocates, and the Virginia Law Foundation. He is a former president of the Virginia Trial Lawyers Association, a member of the Boyd-Graves conference, a faculty member at the National Trial Advocacy College, and has widely lectured and written on various topics involving products liability and personal injury law. Mr. Slaughter is particularly interested in promoting access to justice and is the chair of the Pro Bono Section of the Virginia Supreme Court’s Access to Justice Commission and the Charlottesville Albemarle Bar Association’s Pro Bono Committee.

Locations, Dates and Fees

Register
  • Add to Cart
bundlesidebar  eliteunlimitedpasssider  designationssidebar   Calendar probonodiscount National Interest  Essentials Seminars