Sample 30(B)(6) Deposition

Below is a sample 30(B)(6) deposition subpoena. Rule 30(b)(6) requires a party to present witnesses who are prepared to testify “about information known or reasonably available to the organization.” Fed. R. Civ. P. 30(b)(6).

This mechanism allows plaintiffs' lawyers to obtain discovery against a corporation by specifying topics on which testimony is sought, requiring the organization to designate witnesses to provide testimony on these subject that may bound the corporation at trial.   

This same procedure is available under in Maryland state court under Maryland Rule 2-412(d) based on the federal rule.  

You can find more example deposition notices for both plaintiffs and defendants here


- Plaintiff,


- Defendants.

Case No ___________________


Plaintiff’s Notice of F.R.C.P. 30(B)(6) Corporate Deposition(s) of Defendant I-Flow, Corporation


Get More Information

PLEASE TAKE NOTICE that, under Federal Rule of Civil Procedure 30(b)(6), Plaintiff James T. Kirk, notices the deposition of I-Flow Corporation as an organization on the topics detailed below. This deposition may be videotaped, and Plaintiff provides notice to Defendant I-Flow and the other parties to this action that the deposition may be used at the time of trial. Defendant I-Flow shall identify the persons who will speak on its behalf on each topic below at least seven days before the deposition(s). The taking of this deposition may be adjourned from day to day until completed, and may occur over several days if more than one person is necessary to provide the information requested.

DATE OF DEPOSITION: September 25, 2015

1 South St, #2450
Baltimore, MD 21202


As used in this Notice, the term “document” means, without limitation, the following terms, whether printed or recorded or reproduced by any other mechanical process, or written or produced by hand: agreements, communications, State and Federal governmental hearings and reports, correspondence, telegrams, memoranda, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions or reports of consultants, radiographs, photographs, motion picture films, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal comments appearing on any document, and all other writings.

As used in this Notice, the term “Defendant” means, without limitation, the responding party.

As used in this Notice, the term “You” means the corporate defendant answering these requests, and any person acting on that corporation’s behalf.

As used in this Notice, the term “pain pump” shall mean a portable or disposable anesthetic drug delivery system with a medication reservoir, a pump and, at least, one catheter for medication delivery to a localized part of the body and which was intended or known by you to be used in orthopedic joint surgery, or which was sold by you to buyers who planned to use it in orthopedic joint surgery.

When you are asked to “identify” a particular employee or person, you are to provide that person’s full name, current or last job title, and current physical work address if still employed by you; if the person is not still employed by you, provide the last known address, phone numbers, e-mail address or other available contact information.

You are advised that you must designate one or more officers, directors, managing agents, or other persons who will testify on your behalf regarding the matters listed in Schedule A which are known or reasonably available to Defendant I-Flow Corp.


  1. The insurance policies and coverage (whether self-insurance, excess insurance, primary insurance, and secondary insurance) available to satisfy all or part of any claims brought against I-Flow Corporation for injuries caused by its pain pumps for all years from 1995 to present.
  2. The financial coverage available or remaining on any policy of insurance to the extent that any of the insurance policies are "wasting policies" (insurance coverage that is depleted by attorney’s fees), or otherwise have been reduced by the payment of claims, or for any other reason.
  3. The current net worth of the company, including but not limited to the assets and liabilities of the company.

DATED: ________ ____, 2015

Respectfully submitted,
By: ____________

Ronald V. Miller, Jr.
Miller & Zois, LLC
1 South St, #2450
Baltimore, MD 21202
(410) 779-4600
(410) 760-8922 (Fax)
Attorneys for Plaintiffs

How a Rule 30(b)(6) Deposition Works

The Federal Rules and the Maryland Rules allow parties obtain discovery for trial with a variety of mechanisms.  At the top of the food chain of these possible discovery tools is depositions.

Mitt Romney's famous quote in 2012 notwithstanding, corporations are not people. So when you depose company employees, you often get what the creators of Rule 30(b)(6) called “bandying.”  This is when the company's employees all deny individual knowledge facts that are certainly known to the company.  But you just do not have the right person.  (Heads up: you can still face this problem in some cases where the "company" is an Enron-like maze of related corporations.  In this case, you need to get deposition notices for every possible entity.)

Rule 30(b)(6) was devised 45 years ago to solve this problem.  The Rule allows a part to name the corporation as deponent and identify the topics of inquiry for the testimony. So the deposing party must give a notice of deposition, like the one above, that sets forth the subject matter of the deposition with “reasonable particularity.” 

A deposition pursuant to Rule 30(b)(6) is substantially different from a witness's deposition as an individual. The testimony of a Rule 30(b)(6) designee goes to the knowledge of the corporate entity, not of the individual representative of the organization.  Rule 30(b)(6) designees present the organization's position on the noticed topics, and provides the entities interpretation of events and documents.  The key for plaintiffs' lawyers is that 30(b)(6) witness binds the entity and he is responsible for providing all the relevant information known or reasonably available to the entity.  That is a powerful weapon against the "I don't know" brigade.  

The corporation could hire Leonardo DiCaprio to answer the questions. There are no restrictions on who it can designate.  But, more typically, they will choose one or more employees to testify to speak to these topics.  The answer given to these questions can bind the corporation at trial.

Some Key 30(b)(6) Cases
  • Murphy v. Kmart,  255 F.R.D. 497, 506 (D. S.D. 2009).  The court honed in on the reasonable particularity” we talked about above, noting the importance of discreet topics because companies can "face sanctions for failing to adequately produce and prepare its deponents.'
  • Sanyo Laser Products v Arista Records., 214 F.R.D. 496 (S.D. 2003).  The court stated that the rule is "designed to prevent ‘bandying,’ the practice of presenting employees for their deposition who disclaim knowledge of facts known by other individuals within the entity.
  • Black Horse Lane v. Dow Chem., 228 F.3d 275, 304 (3d Cir. 2000).  This case provides this epic line: "In reality, if a Rule 30(b)(6) witness is unable to give useful information he is no more present for the deposition than would be a deponent who physically appears for the deposition but sleeps through it.”  
  • Webb v. District of Columbia, 189 F.R.D. 180 (D.D.C. 1999). The court reinstated a default judgment in a racial discrimination case for a host of infractions, including the failure to produce Rule 30(b)(6) witnesses who could speak to the designated topics. The court held that defendant “failed miserably in its duties under Rule 30(b)(6) to proffer witnesses capable of testifying to matters known or reasonably available to the organization."
  • Thomas v. Hoffman-LaRoche, 126 F.R.D. 522, 525 (N.D. Miss. 1989). The court sanctioned the defendant because it did not produce witnesses to speak to designed issues in 30(b)(6) notice. 

Contact Us For a Free Consultation

1Free Consultation

2Available to talk NOW - 24/7

3No fees unless you WIN

Miller & Zois clients have received over $100 Million in verdicts and settlements. Let us fight for you!

Client Reviews

They quite literally worked as hard as if not harder than the doctors to save our lives. Terry Waldron
Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson
Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens
The last case I referred to them settled for $1.2 million. John Selinger
I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer
The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen
The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa

Contact Us

Free Consultation (800) 553-8082 Call 24/7