BUSINESS DEPOSITIONS FOR LITIGATION

What is a Corporate Deposition?

In Corporate Deposition Requests, defendants are entitled to the right to select an individual they feel best represents the company to testify about the specified topics requested. This person may or may not be the one with “the most knowledge.” Moreover, selection of who will testify is a matter of strategy, and not solely based on who is the most familiar with the topic.

One should keep in mind that proceeding to deposition without objecting to this language can be construed as indication that there is no one else in the corporation that can testify to the topic with as much knowledge as the corporate representative. This could cause the Plaintiff to argue that an entity can’t present testimony at trial unless it comes from the most knowledge. If you would like to avoid this potential issue, it’s best to object in writing or on the record at the deposition to this language. In return, you will want to present your witness subject to those objections. 

Deposition Of A Corporate Representative

As a Corporate entity, if you are the defendants in a lawsuit, depositions will not be as easy for you as it would be for an individual fact witnesses or an individual deponent. According to the Texas Rule of Civil Procedure 199.2(b)(I), it states:

"If an organization is named as the witness, the notice must describe with reasonable particularity that matters on which examination is requested. In response, the organization named in the notice must- a reasonable time before the deposition- designate one or more individuals to testify on its behalf and set forth, for each individual designated, the matters on which the individual will testify. Each individual designated must testify as to matters that are known or reasonably available to the organization." Texas Rule of Civil Procedure 199.2(b)(I)

A plaintiff is not able to select the identity of the person to testify, that is solely the responsibility of the company.  Additionally, they are only able to provide a list of topics, and it is then up to the defendant to pick the individual who will testify. Furthermore, the plaintiff does have the ability to draft a notice that demands the “person with the most knowledge” or “most knowledgeable” to be the one that testifies in regard to the listed topics. A plaintiff is required to set forth the topics to be discussed in the deposition, and then the defendant must properly prepare their chosen witness.