Use Corporate Depositions to Get your Case Certified
Taking the deposition of persons who have been designated to testify on behalf of a defendant are a critical component of a class action discovery plan. These “corporate designee” or “Person Most Knowledgeable” depositions under FRCP 30(b)(6) deposition or CCP section 2025.230 can make or break your case for class certification. These witnesses are your opportunity to get testimony that binds the corporate defendant and which, hopefully, proves that the policy, procedure or practice challenged in your class case uniformly affects the class.
Defendants know the importance of these depositions and usually prepare their witnesses well. It sometimes becomes almost comical how often they try to regurgitate the mantra drilled into them by defense attorneys by answering “that depends” or “it varies”. Because these witnesses can be slippery, you must prepare well before the deposition. First, be sure you know the law on how to prove the merits of your cases. This is critical because when moving to certify you need to show how liability can be determined through common proof. Often a corporate representative is unfamiliar with the legal theories permitting you to get good testimony.
You must also be armed with important documents obtained in a thorough document request sent prior to the deposition. If necessary, move to compel production because these key documents frequently are the only way to pin these witnesses down. I organize documents according to the particular subject matter identified in the deposition notice. The goal by the end of the deposition is to have all of the critical documents needed for class certification authenticated and attached as exhibits to the deposition transcript.
