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Successful Use of Rule 30(b)(6)

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Well, we’ve taken 30(b)(6) depositions in all kinds of cases, large-box stores like Walmart on how the properties worked, how a certain event occurred. We’ve used 30(b)(6) in inadequate security parking lot rape cases. We’ve used 30(b)(6) in cases involving large manufacturer of pharmaceutical products and like X-rays or CAT scan machines. We’ve used it in nursing home cases to identify events, how they occurred, but the single most important 30(b)(6) device that we use is the 30(b)(6) document deposition where rather than saying, “Bring us a custodian of records,” who usually doesn’t know anything, we serve a 30(b)(6) notice that says certain documents need to be attached to the notice, and we want someone to come and tell us what documents exist in this category, how and why are they created, where are they stored, what is the destruction policy, what is the approach used to find those documents, and then come and certify that those documents are complete. With that, and I’ve done 150 plus of those depositions, every single time I have found documents that weren’t produced.

Minnesota attorney Mark Kosieradzki discusses how to use Rule 30(b)(6).

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