Aaronson Rappaport participates in Federal Civil Rules Committee Hearing in Washington, D.C.
Aaronson Rappaport Partner, Peter J. Fazio, testified on February 8, 2019, before the Federal Civil Rules Committee in Washington, D.C. in reference to the proposed amendment to Federal Rule of Civil Procedure 30(b)(6). Currently, and in part, the proposed amendment would require the parties to confer in advance regarding the identity of the person who will testify. Many have come forward opposing the proposed amendment and argued that it would create a new discovery obligation that has never existed and is not needed. The unnecessary obligation would create a new basis for disputes accompanied by motion practice. The law is clear and Rule 30(b)(6) places the authority for selecting witnesses exclusively with the party responding to the Rule 30(b)(6) deposition notice. The Committee should consider amendments that would address concerns that arise repeatedly with Rule 30(b)(6) notices; including, but not limited to, a presumptive number of topics permitted for a Rule 30(b)(6) notice and a straightforward statement of how Rule 30(b)(6) depositions count toward the presumptive limit on the number and duration of depositions.