Re: Pacer: Digecor
in response to
by
Message: Re: Pacer: Digecor
LAKE , I AM NOT LEGAL EXPERT , BUT FOLLOWINGS ARE RELATED TO FURTHER
EXPLANATION OF TODAY PACER. Hope it will clarify
Pursuant to Rule 32(a)(4) of the Federal Rules of Civil Procedure, digEcor hereby offers the following additional transcript designations, which ought in fairness to be considered along with the transcript designations made by e.Digital. Rule 32(a)(4) provides that, "If only part of a deposition is offered in evidence by a party, an adverse party may require the offeror to introduce any other part which ought in fairness to be considered with the part introduced." digEcor
believes that some of the deposition transcripts submitted by e.Digital from the 30(b)(6) deposition of Brent Wood represent an incomplete and out-of-context version of the deposition testimony. digEcor, therefore, submits that the following transcript designations should be considered along with e.Digital’s transcript designations:
RULE 32(a) (4)
A party may use for any purpose the deposition of a witness, whether or not a party, if the court finds:
(A) that the witness is dead;
(B) that the witness is more than 100 miles from the place of hearing or trial or is outside the United States, unless it appears that the witness's absence was procured by the party offering the deposition;
(C) that the witness cannot attend or testify because of age, illness, infirmity, or imprisonment;
(D) that the party offering the deposition could not procure the witness's attendance by subpoena; or
(E) on motion and notice, that exceptional circumstances make it desirable — in the interest of justice and with due regard to the importance of live testimony in open court — to permit the deposition to be used.
The Scope Of Rule 30(b)(6) Depositions
It is quite common for a corporation to be a party to a lawsuit. However, a corporation is considered to be a "legal fiction." How, then, can a corporation participate in the processes and procedures involved in the defense of a lawsuit? Ultimately, the defense of a corporation, like any other defense, depends on the testimony of human beings. Isaac v. North Carolina Dept. of Transp., 192 Fed. Appx. 197, 201 (4th Cir. 2006) ("An organization can only act through human beings"). In fact, "[i]t is well-settled that a corporation is a creature of legal fiction which can act only through its officers, directors and other agents." MicroSignal Corp. v. MicroSignal Corp., 147 Fed. Appx. 227, 231 (3d Cir. 2005).
The Federal Rules of Civil Procedure recognize that a corporation may only participate in a lawsuit by relying on the testimony of its designated representatives. See Fed. R. Civ. P. 30(b)(6) (As amended, eff. December 1, 2007). Pursuant to the Federal Rules, a party may subpoena and/or notice the deposition of a corporation through a special procedure commonly referred to as a "30(b)(6) deposition." Rule 30(b)(6) states:
Notice Or Subpoena Directed To An Organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination. The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. A subpoena must advise a nonparty organization of its duty to make this designation. The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.
Id. Accordingly, Rule 30(b)(6) is intended to codify the manner in which testimony may be obtained from a legal entity in a civil action. This article focuses on the scope and application of Rule 30(b)(6) and a corporation's duties thereunder.
The Federal Rules of Civil Procedure recognize that a corporation may only participate in a lawsuit by relying on the testimony of its designated representatives. See Fed. R. Civ. P. 30(b)(6) (As amended, eff. December 1, 2007). Pursuant to the Federal Rules, a party may subpoena and/or notice the deposition of a corporation through a special procedure commonly referred to as a "30(b)(6) deposition." Rule 30(b)(6) states:
Notice Or Subpoena Directed To An Organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination. The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. A subpoena must advise a nonparty organization of its duty to make this designation. The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules.
Id. Accordingly, Rule 30(b)(6) is intended to codify the manner in which testimony may be obtained from a legal entity in a civil action. This article focuses on the scope and application of Rule 30(b)(6) and a corporation's duties thereunder.
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