Rule 30(b)(6) requires organizations such as corporations, associations and government agencies to designate people to testify on their behalf about specific matters raised in litigation. The Advisory Committee on Civil Rules has received frequent complaints about the problems with Rule 30(b)(6) since its inception. Members of the ABA Section of Litigation Federal Practice Task Force convinced the Committee to revisit this important topic in April 2016. Since then, practitioners presented the Rule 30(b)(6) Subcommittee with roughly a dozen meaningful reforms that would have improved practice under the rule by fixing what’s broken.
In August 2018, the Advisory Committee proposed the following as a solution:
In August 2018, the Advisory Committee proposed the following as a solution:
LCJ believes that the proposed amendment would not only fail to improve the rule but also make a failing rule worse.
Prior to and during the public comment period, LCJ and its allies urged the Committee to adopt a number of reforms that would restore fairness to this often-abused rule and bring Rule 30(b)(6) in line with the spirit of the 2015 discovery amendments. LCJ rallied the corporate and defense bars to engage in public hearings and file written comments, ultimately convincing the Committee to drop the controversial change. The proposed amendment now states:
Prior to and during the public comment period, LCJ and its allies urged the Committee to adopt a number of reforms that would restore fairness to this often-abused rule and bring Rule 30(b)(6) in line with the spirit of the 2015 discovery amendments. LCJ rallied the corporate and defense bars to engage in public hearings and file written comments, ultimately convincing the Committee to drop the controversial change. The proposed amendment now states:
The amendment will take effect on December 1, 2020 if the rulemaking process follows its usual path.
PAST LCJ FILINGS
LCJ Comment to the Advisory Committee on Civil Rules Entitled "FIXING WHAT’S BROKEN: A CALL FOR STRAIGHTFORWARD ANSWERS TO THE QUESTIONS THAT REGULARLY CONFOUND RULE 30(b)(6) PRACTICE"
See why 138 companies believe the proposed amendment will open the door to gamesmanship and mini trials over witness selection by clicking below.
138 COMPANIES' LETTER TO CIVIL RULES COMMITTEE ON RULE 30(b)(6)
Below is a comment submitted by LCJ to the Civil Rules Advisory Committee concerning the Rule 30(b)(6) Subcommittee’s proposed alternatives for an amendment to Federal Rule of Civil Procedure 30(b)(6) on March 25, 2019.
LCJ Comment on Rule 30(b)(6))
See why 138 companies believe the proposed amendment will open the door to gamesmanship and mini trials over witness selection by clicking below.
138 COMPANIES' LETTER TO CIVIL RULES COMMITTEE ON RULE 30(b)(6)
Below is a comment submitted by LCJ to the Civil Rules Advisory Committee concerning the Rule 30(b)(6) Subcommittee’s proposed alternatives for an amendment to Federal Rule of Civil Procedure 30(b)(6) on March 25, 2019.
LCJ Comment on Rule 30(b)(6))
lcj member filings
Our fellow Defense Bar Organizations submitted the below linked comments on the proposed amendment.
