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Notice to Take 30(b)(6) Deposition Upon Oral Examination

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NOTICE TO TAKE 30(b)(6) DEPOSITION UPON ORAL EXAMINATION PURSUANT TO DEPOSITION SUBPOENA DUCES TECUM

IN THE CIRCUIT COURT OF

COUNTY, MISSISSIPPI

PLAINTIFFS

V.

DEFENDANTS

CIVIL ACTION NO.

TO:

PLEASE TAKE NOTICE that the pursuant to Miss.R.Civ.P. 30(b)(6), the defendants, and will take the deposition by stenographic means or may also video record said deposition on oral examination of the officer, official, or employee of at Α.Μ./Ρ.Μ. on , in the law offices of . Pursuant to Miss.R.Civ.P. 30(b) (6), the officer, official, or employee of shall designate a spokesman with knowledge and custody of the matters and documents contained in the attached deposition subpoena duces tecum.

PLEASE FURTHER NOTICE that, pursuant to Rule 30(b) (1) of the Mississippi Rules of Civil Procedure, a Deposition Subpoena will be served upon the deponent to be examined and will request production of the following materials:

Deponent shall have knowledge of the following:

  1. The name, address and telephone number of all persons associated with as employee, agent, independent contractor or otherwise for the purpose of real estate sales during
  2. The name, address and telephone number of all persons associated with as employee, agent, independent contractor or otherwise for the purpose of real estate sales during
  3. For each person identified in response to 1 and 2 above:
    1. Identify those who took the course with plaintiff in ;
    2. The initial date of affiliation of each with
    3. The prior sales experience of each;
    4. The date, total amount and agent commission of each real estate sale in by each;
    5. The hours (weekly or monthly) worked on real estate sales by each in and (including open houses and caravans).

Deponent(s) shall bring with him/her/them the following:

  1. All records evidencing hours worked by on real estate sales in and
  2. All records evidencing commissions earned from real estate sales in
  3. All records evidencing hours worked on real estate sales by each person affiliated with in and
  4. All records evidencing commissions earned from real estate sales by each person affiliated with in and You are invited to attend said deposition to examine the deponent, as you deem fit and proper in conformity with the Mississippi Rules of Civil Procedure.

Said deposition will continue from day to day until concluded.

Respectfully submitted this the day of ,2

By:

Attorney for

SUBMITTED BY:

Telephone:

MSB #

ATTORNEYS FOR

CERTIFICATE OF SERVICE

I, , do hereby certify that I have this day mailed, by United States mail, postage prepaid, a true and correct copy of the above and foregoing NOTICE TO TAKE 30(b)(6) DEPOSITION UPON ORAL EXAMINATION PURSUANT TO DEPOSITION SUBPOENA DUCES TECUM to:

DATED, this the day of , 20

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What the Notice to Take a 30(b)(6) Deposition Is

A Notice to Take 30(b)(6) Deposition Upon Oral Examination is a formal written notice, served under Federal Rule of Civil Procedure 30(b)(6), that requests an organization designate one or more persons to testify on behalf of the entity about specified topics. The notice must describe the matters for examination with reasonable particularity so the organization can prepare witnesses. Unlike a subpoena served on a nonparty, the Rule 30(b)(6) notice binds the organization to produce a witness who can speak for the corporate knowledge of the entity; failure to prepare may lead to sanctions or exclusion of evidence.

Why This Notice Matters in Litigation

A 30(b)(6) notice focuses discovery on entity-level knowledge and avoids piecemeal individual testimony; it compels the organization to prepare a knowledgeable witness on discrete topics under FRCP 30(b)(6). Properly drafted, it reduces delay, clarifies issues for trial preparation, and preserves the ability to test corporate positions under oath.

Why This Notice Matters in Litigation

Who Typically Prepares and Receives These Notices

Parties to civil litigation use this notice when corporate knowledge is essential; counsel drafts and serves the notice and opposing counsel, corporate litigation teams, and corporate designees respond.

  • Plaintiff counsel seeking entity-level testimony on corporate policies or actions
  • Defense counsel preparing the company's designee and defining corporate knowledge limits
  • Corporate compliance or HR teams who must coordinate witness preparation and documents

Coordination among counsel, client executives, and in-house witnesses is critical to meet preparation duties and to avoid objections or sanctions.

Stepwise Process to Prepare and Serve the Notice

Follow these sequential steps to draft, serve, and enforce a 30(b)(6) notice with an emphasis on clarity and meet-and-confer practices.

  • 01
    Draft Notice: Identify topics, location, date, and scope in clear numbered items.
  • 02
    Meet and Confer: Discuss scope and timing with opposing counsel before serving where local rules require.
  • 03
    Serve Notice: Serve on counsel of record in accordance with the court’s service rules.
  • 04
    Prepare Designee: Company must reasonably prepare witness to testify on listed topics.

How a 30(b)(6) Deposition Typically Unfolds

This overview describes usual on-the-record steps from notice through deposition, emphasizing preparation and scope control.

  • Notice Served: Receiving party reviews topics and assesses breadth.
  • Objections Raised: Party may object or propose narrowing topics.
  • Witness Preparation: Organization prepares designee(s) on specified topics.
  • Oral Examination: Exam proceeds; record, objections, and follow-up documents noted.

Digital Workflow Settings for Serving and Managing the Notice

Configure a consistent workflow to track service, responses, exhibits, and reservation of rights.

Field Configuration
Service Method Email + certified mail; document delivery tracking recommended
Authentication Use email link or SMS code when using remote signing or acknowledgements
Document Repository Centralized folder with version control for exhibits and production
Audit Trail Enable timestamping and activity logs for service and sign-off

Technical Options for Remote Service and Depositions

Determine whether depositions and service will be in-person, remote, or hybrid and configure tools accordingly.

  • Video Platform: Supports reliable audio-video recording
  • Authentication: Email, SMS, or multi-factor options
  • Document Formats: PDF and DOCX supported for exhibits

Choose systems that preserve an audit trail, support secure document exchange, and comply with court rules and any applicable confidentiality orders.

Key Timing Considerations and Notice Deadlines

Timing for a 30(b)(6) notice depends on case schedule, local rules, and reasonable notice obligations; coordinate with the discovery schedule and any protective orders.

Reasonable Notice:

Serve with sufficient time for preparation; typically at least 14 days when practicable

Local Rule Compliance:

Follow district-specific timing and meet-and-confer requirements

Subpoena Timing:

If subpoena required for nonparty, allow statutory service period

Document Production:

Coordinate production deadlines with deposition date to avoid delays

Deposition Duration:

Track scheduled length and request extensions via court order if needed

Milestones from Draft to Examination

Sequence these milestones to minimize disputes and make preparation transparent to all parties.

01

Draft and Internal Review

Draft topics clearly and review with litigation team.

02

Serve Notice and Meet-and-Confer

Serve notice and engage opposing counsel about scope.

03

Prepare Designees

Company assembles documents and coaches witnesses.

04

Conduct Deposition

Proceed on record; preserve objections and exhibits.

Common Preparation and Notice Pitfalls to Avoid

  • Overbroad topics that invite motion practice and narrowing disputes, increasing costs and delay
  • Failing to meet and confer before filing motions, which courts may require and which wastes judicial resources
  • Poorly prepared designees who disclaim knowledge and force repeated depositions or supplementations
  • Unclear production instructions leading to disputes over what documents must be produced before the deposition

Essential Information and Document Elements

Case Caption: Full caption
Docket Number: Exact court number
Serving Party: Name and counsel
Deposition Topics: Numbered, specific topics
Time and Place: Date, time, location
Production Scope: Document categories

Consequences of an Inadequate or Incorrect Notice

Sanctions: Monetary or case-level sanctions
Motion to Quash: Court may limit or quash notice
Excluded Testimony: Evidence may be barred
Costs Shifted: Adverse cost awards possible
Repeated Depositions: Additional expense and delay
Privilege Disputes: Extra briefing and in camera review

30(b)(6) Notice Compared with Individual Deposition Notices

Compare core differences to select the correct discovery mechanism and anticipate preparation duties and scope control.

Criteria 30(b)(6) Notice Individual Deposition
Who Appears entity designee named individual
Scope entity-wide topics personal knowledge only
Preparation Duty yes, corporate preparation limited to personal recollection
Subpoena Needed no for party no for party; yes for nonparty

eSignature and Document Workflow Pricing Comparison

Common eSignature pricing and feature dimensions for handling notices, exhibit production, and witness acknowledgements; signNow is listed first per vendor comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical Tips for a Clear, Enforceable 30(b)(6) Notice

Adopt these best practices to reduce disputes, streamline preparation, and preserve admissibility.

Draft Narrowly
Limit each topic to a focused subject matter and use numbered lists; broad, undefined topics invite motions to strike and judicial narrowing, wasting time and incurring expense.
Coordinate Early
Meet and confer promptly to discuss dates, witness selection, and document production so the responding party can reasonably prepare and reduce motion practice.
Document Indexing
Provide Bates ranges and custodial identifiers for documents tied to topics to make witness preparation efficient and to reduce follow-up deposition time.
Preserve Audit Trails
Use platforms that capture timestamps, access logs, and change history for exhibits and service to support authenticity and chain-of-custody if challenged.

Real-World Examples of Managing Complex Notices

These examples show how organizations and counsel handled notice drafting, preparation, and platform use during discovery.

Optica Ventures LLC

When corporate knowledge was scattered across teams, counsel consolidated topics and records for one designee.

  • Counsel limited topics to project-related processes.
  • Brian Fitzgibbons, COO, noted the simple interface enabled efficient coordination across departments and faster preparation for the examination, reducing the number of follow-up depositions required.

BIS

A firm facing privilege and custodian challenges used targeted topics and a central document index.

  • Parties agreed on custodial search terms.
  • Dan Rotelli, CEO, emphasized SOC 2 and ESIGN compliance as factors in trusting digital workflows and preserving secure evidence handling during testimony.

Frequently Asked Questions About 30(b)(6) Notices

Answers to common procedural and strategic questions when drafting, serving, or responding to a 30(b)(6) deposition notice.


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