This article considers the practical implications of hearsay issues within Federal Rule of Civil Procedure 30(b)(6) testimony and examines considerations counsel on both sides should weigh when preparing for Rule 30(b)(6) depositions and their expected use at trial.
Although testimony by a party’s Rule 30(b)(6) designee based on discussions the designee had with current employees generally will be admissible, testimony based on the designee’s discussions with former employees may be deemed hearsay, and a similar issue may arise with nonparty Rule 30(b)(6) testimony. These issues impact the choice of designee on the receiving side of a Rule 30(b)(6) deposition and counsel taking the deposition must establish the basis of Rule 30(b)(6) testimony in order to determine whether important testimony may not be admissible.