“Stop the Madness: Making Reasonable Amendments to Rule 30(b)(6) Once and for All”
American Journal of Trial Advocacy
Volume 42, Number 2
Since its inception, Rule 30(b)(6) of the Federal Rules of Civil Procedure has become a widely used discovery device whereby a party may obtain information from a corporate entity by deposing one or more of its officers, employees, or agents. In April 2018, the Advisory Committee on Civil Rules released a proposed amendment to Rule 30(b)(6). This Article traces the history of Rule 30(b)(6), examines many of the problems that arise in the practical application of the Rule in its present form, analyzes the proposed amendment, and finally proposes alternative amendments that more efficiently and fairly balance the need to reduce discovery disputes while protecting a party’s right to obtain discovery from corporate entities.
To request an American Journal of Trial Advocacy subscription, including access to this article, click here.
The American Journal of Trial Advocacy is the nation’s oldest law review dedicated to the art of trial advocacy and is published twice a year by students of Samford University’s Cumberland School of Law. Through the efforts of the late Dean Donald E. Corley, the Journal was founded in 1977. The Journal publishes articles authored by prominent attorneys, judges and clinical professors throughout the country. These articles address proven tactics and techniques at the pre-trial, trial and appellate level. Student-written notes, comments and recent developments focus on new developments in the law that most directly affect trial practice and procedure. In its fourth decade of publication, the Journal has tremendous potential for breaking new legal ground and supplying the largest section of the national Bench and Bar with unique, practical scholarship.