At its April 2-3 meeting in San Antonio, Texas, the Advisory Committee on Civil Rules decided to abandon a proposed amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure that would have obliged a company responding to a corporate-deposition request to confer with opposing counsel on the identity of the witness who will speak for the company. The Advisory Committee’s decision was a victory for WLF and the larger civil justice community. After receiving feedback from hundreds of stakeholders critical of its earlier proposed rule, the Advisory Committee adopted a new proposal that merely requires the parties to confer in good faith “about the matters for examination,” but contains no mention of the identity of the designated witness. The Judicial Conference Committee on Rules of Practice and Procedure will formally consider the new proposed Rule in June. If approved, the Rule will take effect on December 1, 2020.


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