Episode 163: Lessons from the Front Lines - Pronoun Perils: In 30(b)(6) Depos, “I” is the Entity, Not the Deponent
About this episode
Jim Garrity discusses the implications of a recent court ruling regarding 30(b)(6) depositions and the confusion between individual and entity testimony.
When a 30(b)(6) representative is deposed, the testimony is that of the organization, not of the individual answering the questions. However, in the heat of battle, it can be challenging to remember this distinction. Questions in 30(b)(6) depos that use words like "you" - and answers that use words like "I" or "me" - can blur the roles and lead an examiner to see the testimony as also being that of the witness individually. But it isn't. Psychologists refer to this confusion as an "attribution error," meaning that we may attribute the testimony to the wrong source. This confusion can be fatal to a claim if the representative is also a key witness individually and wasn't deposed separately. Today, Jim discusses a brand new court ruling where a federal judge dismissed a claim against an individual defendant (and key witness) who was only deposed as a 30(b)(6) deponent. The question there was, when a 30(b)(6) witness says “I,” who’s really speaking—the individual or the entity? Learn how that 30(b)(6) deposition in Ademi wasn't enough to survive summary judgment, and what every litigator must do to avoid the same trap. Essential listening for anyone taking or defending corporate rep…
More episodes of 10,000 Depositions Later Podcast
- Episode 171: Examination Techniques, Part 4 - The Reid Technique
- Episode 170 - Examination Techniques, Part 3: The Reptile Method
- Episode 169: Examination Techniques, Part 2: Irving Younger's Ten Commandments of Cross-Examination
- Episode 168: Examination Techniques, Part 1: The Pozner-Dodd Technique
- Episode 167 - Schedule-Proofing Your Depositions: Drafting Notices with Multiple Backup Plans
- Episode 166 - Are You Audiorecording Your Depositions (Yet)?
Explore listener stats, chart rankings, contacts and more on the 10,000 Depositions Later Podcast podcast page.