Corporate representative depositions (“CRD”) are creatures of federal and state rules permitting parties to lawsuits to take depositions of corporations, associations, organizations and government agencies. They have been used for decades in products liability cases, but are relative newcomers in long term care litigation. In this section of a two-part blog, I will address the technical aspects of CRDs. The second blog will cover defending against and conduct of CRDs.
When a party to a lawsuit wants to take a CRD, it sends a deposition notice to the corporation stating that it wants to take the corporation’s deposition. The notice must set forth, with particularity, the subject areas for questioning. The corporation is required to identify people who it will offer to testify on each subject area. The individuals testifying can be anyone who consents to testify on behalf of the corporation. The person does not have to be the most knowledgeable on the subject, but the corporation must prepare the person to answer the questions. The witness must testify on all matters known or reasonably available to the corporation.
CONTINUE READING . . .