Civil Procedure Multistate Bar Practice Exam

When deposing an organization, what must the organization do?

1. Provide all its employees for questioning

2. Designate a person to testify on the specified matter

3. Allow the opposing party to choose any employee to testify

4. Prepare a written report prior to the deposition

The correct answer is: Designate a person to testify on the specified matter

In the context of deposing an organization, the correct requirement is for the organization to designate a person to testify on the specified matters relevant to the case. This obligation arises from Rule 30(b)(6) of the Federal Rules of Civil Procedure, which governs depositions of organizational entities. Under this rule, when a corporation or other organization is being deposed, it must designate one or more individuals to testify on its behalf regarding specific topics that have been identified in the deposition notice. This designation is crucial because it ensures that the testimony is both representative of the organization’s position and informed by someone knowledgeable about the matters in question. While it may seem reasonable to expect an organization to produce all its employees for questioning or to allow the opposing party to choose any employee to testify, such actions would be impractical and would lead to inefficiencies. Additionally, the requirement for preparing a written report prior to the deposition is not stipulated in the rules governing depositions. The focus is on designating prepared representatives who can speak for the organization, thus streamlining the deposition process and ensuring that the testimony is provided by someone who is adequately prepared and authorized to speak on behalf of the organization regarding the issues at hand.