0000001118 00000 n The case settled and I got a lot more money than I expected. Rule 56.01 (b) (2) will require a court to limit the frequency or extent of discovery in particular circumstances. Rule 57.03(b)(4) provides that a party may name a corporation, agency or other organization as the deponent. the appearance corporate representative is exempt from the sequestration of witnesses, thus enabling him or her to listen to all witness testimony. LAW RELATING TO DEPOSITIONS OF CORPORATE DESIGNEES Rule 57(b)(4) provides that a party serving a deposition notice on a corporation must "describe with reasonable particularity the matters on which examination is requested." Mo. Dixon v. Darnold, 939 S.W.2d 66, 69 (Mo.App.1997) (citing State ex rel. Chassaing v. Mummert, 887 S.W.2d 573, 576 (Mo. 0 F : (504) 569-2999, Energy Centre, 1100 Poydras Street, 30th Floor, R. Civ. 0000024346 00000 n P., Rule 30(b)(4). Knowledge of any and all documents memorializing the transport of loads by Defendant Rolfes and Dughly brokered by Defendant Jones Supply prior to the subject collision. The problem is there is no express provision in the federal rules as to the location of a deposition. The Illinois Supreme Court rule is similar to the Federal Rule 30(b)(6). The deposition will be recorded via stenographic, audio, and/or videotaped means for the purpose of discovery and/or used as evidence and/or any other purposes permitted by the Maryland Rules of Civil Procedure, including use at trial, and will continue day to day until completed. xref Knowledge of all documents, books, reports, manuals, policies, and memoranda setting forth Jones Supply's safety rules and regulations with respect to the loading, securing the load, or operation of tractors or trailers. P. 30(b)(6). Instead, Rule 57.03(b)(4) required the representative to testify regarding the Defendant's knowledge of these matters. Knowledge of all phone call logs, or correspondence reflecting complaints or criticisms of any kind received by Defendant Jones Supply from any source, including Jones Supply personnel, concerning the performance of Defendant Rolfes drivers while hauling for Defendant Jones Supply. In any contested case before an agency created by the constitution or state statute, any party may take and use depositions in the same manner, upon and under the same conditions, and upon the same notice, as is or may hereafter be provided for with respect to the taking and using of depositions in civil actions in the circuit court; provided, This request specifically includes each out of service report or violation concerning each leased power unit or trailer utilized, maintained, or controlled by this defendant from the year prior to the collision through the present. A Solution Is Born. A deposition is a powerful litigation tool for several reasons. Knowledge of any compensation from Jones Supply to Rolfes, including any bonuses and/or discounts on Jones Supply products. Knowledge of any maps, directions, or delivery instructions that were provided by Defendant Jones Supply to Defendant Rolfes drivers prior to the date of the subject collision. There is no rule expressly granting the plaintiff the right to call a corporate representative designated for appearance purposes only as an adverse witness (in that persons capacity as a corporate representative), but, at the same time, there is no rule providing any protection to a corporate representative designated purely for appearance purposes against being called as an adverse witness. A party may in the notice and in a subpoena, if required, name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. . However, parties frequently include generic listings in their witness lists, such as references to a corporate representative of the defendant, or adopt the other partys witness list, which may be deemed sufficient to include the corporate representative designated for purposes of appearance at trial. 0000000656 00000 n Knowledge of all documents reflecting any background check performed on Defendant Dughly with regard to his driver's record (including but not limited to traffic tickets, incidents, and prior employment as a driver). Knowledge of all driver daily vehicle inspection reports (DVIRs) submitted by any driver(s) on the truck tractor from at least 30 days prior to the accident in the possession of Defendant Rolfes. Corporate representative witnesses shall be deposed where their principal office (a) Unless the court orders otherwise under Section 2025.260, the deposition of a natural person, whether or not a party to the action, shall be taken at a place that is, at the option of the party giving notice of the deposition, either within 75 miles of the deponent's residence, or within the county where the action is pending and . This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. The last case I referred to them settled for $1.2 million. hYrF}WLa fp,+rD. . STATE ex rel. Additionally, Arizona codified remote online notarization as of July 2020. Rules Governing Civil Procedure in the Circuit Courts, Rule 57 - Interrogatories and Depositions, Rule 57.02 - Depositions Before Action or Pending Appeal, Rule 57.03 - Depositions Upon Oral Examination, Rule 57.04 - Depositions upon Written Questions, Rule 57.05 - Persons Before Whom Depositions May Be Taken, Rule 57.06 - Presiding Officer for Deposition, Rule 57.07 - Use of Depositions in Court Proceedings, Rule 57.08 - Depositions for Use in Foreign Jurisdictions, Rule 57.09 - Subpoena for Taking Deposition. Seeking to depose only Eberwein, Arnette refused American's offer to designate a corporate representative for an oral deposition. info@spsr-law.com Knowledge of all actual driver's motor carrier written tests administered to Defendant Dughly, including all answers. Arizona Arizona follows the majority and codifies remote depositions by telephone or other remote means are permissible when the parties agree or by court order. I. Knowledge of the entire personnel file of Defendant Dughly. Knowledge of all driver call-in records, notes, logs or e-mail indicating communications between Defendant Jones Supply and Defendant Dughly for the seven days prior to the incident and on the date of the incident. Knowledge of all documents constituting, commemorating, or relating to any written instructions, orders, or advice given to Defendant Rolfes and/or Dughly in reference to cargo transported, routes to travel, locations to purchase fuel, cargo pickup or delivery times issued by Jones Supply from five (5) years prior to and including date of loss. All rights reserved. A designated representative who gives testimony under Illinois Supreme Court Rule 206(a) may not be contradicted by any other corporate representative at trial. 0000002757 00000 n Rule 57.02 - Depositions Before Action or Pending Appeal. This Court issued an alternative writ of mandamus. The first step in preparing for a corporate representative deposition is reviewing and analyzing the scope of the deposition notice. banc 1992). The deponent's attendance may be compelled by subpoena under Rule 45. 1. Introductory Questions. In a recent decision, a Florida appellate court discussed why we have rules allowing for corporate entities to designate corporate representatives to speak for them, and the implications of failing to utilize the designated procedures properly. that under Rule 32(a), depositions of corporate officers under Rule 30(b)(1), as well . The corporation, in turn, "shall designate one or more officers, directors, or See, e.g., King v. Pratt & Whitney, 161 F.R.D. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30 (a) (2). 0000001433 00000 n 2007)). Under this rule, a party may seek to (2) With Leave. This would include anyone who investigated Defendant Rolfes's safety rating, safety fitness, Federal Motor Carrier Safety Administration's safety measurement system rating, behavioral analyst and safety improvement category (BASICs) score, unsafe driving history, hours of service compliance, drivers qualifications, drivers history with controlled substances/alcohol abuse, vehicle accidents, list of crashes, roadside inspections, maintenance history, compliance with Federal and State regulations, records keeping violations, and commercial vehicle violations prior to the date of the subject collision. All Rule 30(b)(6 . Knowledge of any primary, umbrella, and excess insurance policy, or agreement, including the declarations page, for Defendant Rolfes, Defendant Dughly, and Defendant Jones Supply, which was in effect at the time of this incident. In light of the rules' requirement that the deposing party must identify the subject areas of the deposition, to some degree the element of surprise is removed from a corporate designee deposition. 0000001311 00000 n Rule 57.06 - Presiding Officer for Deposition. SKU: LIT6400. 0000002469 00000 n 0000001873 00000 n For any depositions conducted pursuant to Rule 30(b)(6), . %%EOF Rule 32, thus, suggests that perhaps the corporations right to decide which particular individuals will testify on its behalf is not absolute. White v. Gray, 141 S.W.3d 460, 463 (Mo.App.2004) (quoting State ex rel. Griggs noticed a deposition for Vanguard's corporate representative pursuant to Rule 30(b)(6) listing the location as Oklahoma . I understand that submitting this form does not create an attorney-client relationship. A fairly standard requirement is that potential witnesses must be identified on witness lists exchanged by the parties. 1. A writ of prohibition [or] mandamus is the proper remedy for curing discovery rulings that exceed a court's jurisdiction or constitute an abuse of the court's discretion. State ex rel. 0000007631 00000 n Plainly, you could not physically depose a corporation as it could not speak for itself. A. Knowledge of all cargo transported freight bills, Pros or otherwise described similar documents inclusive of all signed or unsigned cargo pickup and delivery copies that indicate the date and/or time of pick up or delivery of cargo by Defendant Dughly or his/her co-driver(s) on the date of the incident. v. O'Malley, 888 S.W.2d 760, 761 (Mo.App.1994)). In sum, the court stated that the deponents inability to answer all of Plaintiff's Counsels questions was primarily due to the vague and broad descriptions for the areas of inquiry, coupled with the Plaintiff's unreasonable expectation that the witness should have been able to provide detailed answers to questions that were only tangentially related to the claims and defenses raised by the Parties.. Knowledge of all driver call-in records, notes, logs or e-mail indicating communications between Defendant Rolfes and Defendant Dughly for the seven days prior to the incident and om the date of the incident. We serve the following localities: Baltimore; Prince George's County including Bowie, Laurel, Landover, Hyattsville; Anne Arundel County including Glen Burnie; Baltimore County including Cockeysville, Glyndon, Hunt Valley, Jacksonville, Lutherville-Timonium, Owings Mills, Parkville, Reisterstown, Plaintiff Attorney Legal Information Center, Example Pretrial Documents for Plaintiff's Lawyers, Example Deposition Transcripts and Outlines. The purpose of a writ of mandamus is to execute a clear, unequivocal and specific right, not to adjudicate. Knowledge of all policies or procedures of Defendant Rolfes relating to accident or injury investigation or reporting that were in effect on the date of the incident, and include blank copies of any documents that are required to be completed after an accident or injury. The designation of an individual as a representative for an appearance at trial is not a designation of that persons authority to speak to any particular subject. (a) When a Deposition May Be Taken. /content/aba-cms-dotorg/en/groups/litigation/committees/pretrial-practice-discovery/practice/2018/adequately-preparing-a-corporate-representative-for-deposition. Assuming the representative designated for appearance purposes is covered by the witness list, it could nonetheless be argued that allowing the plaintiff to call the representative as an adverse witness would effectively allow the plaintiff to designate the corporations representative on the particular subjects about which the representative is questioned. You can remind your opponent that a corporate deponent must be prepared to answer questions concerning relevant facts reasonably known to the corporation, but need not be prepared to answer questions about any potentially relevant fact known by any employee of the corporation. Knowledge of any and all state safety audits and/or state roadside inspections for Defendant Rolfes for the year of this incident and five years prior. 3d , 2013 WL 1136399, 38 [] Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Depositions are routinely used by counsel to exert pressure on a party by attempting to depose high-level executives in inconvenient locations, sometimes thousands of miles and many time zones away, in an attempt to gain a strategic advantage over a party and move towards a potential settlement. Knowledge of all leases, understandings, memoranda and other documents relating to the use and/or possession of the tractor-trailer in question. The representative also testified that she did not review documents or consult with Defendant to establish Defendant's position with respect to these issues. Taking of depositions; corporate officers. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. C. Motion to Compel Designation of Rule 30(b)(6) Designee (ECF No. Knowledge of all road or test cards, medical cards, DOT physical examination log forms, motor carrier certification of driver qualification cards and any other motor carrier transportation-related cards in the possession of the Defendant Rolfes regardless of card issuance date or origin. 28 at 1. Before you start frantically collecting decades-old records from the nurses station for the witness to memorize, take a moment to review the relevant statute and recent case law. In doing so, the court relied on three key principles: (1) Rule 30(b)(6) does not require a corporate representative to provide testimony regarding information that the corporation does not have, but rather requires an organization to testify about information known or reasonably available to the organization; (2) Rule 30(b)(6) does not require a deponent to testify with computer-like detail as to unreasonably broad topics; and (3) Rule 30(b)(6), pursuant to Federal Rule of Civil Procedure 26, does not require a deponent to be prepared to testify to matters that are not relevant to any party's claim or defense. Although the corporate representative has the ability to cover a myriad of corporate matters about which she has been educated for during the deposition, some courts have held that Evidence Rule 602 limits the scope of the witness's trial testimony to matters that are within her personal knowledge. LA The first deposition topic was Defendant's knowledge of decedent, Irwin Reif's fall on February 2, 2001. The third deposition topic was [t]he reason and/or basis for the presence of the electrical plug and/or electrical plug box on the aisle floor of the premises at the time of plaintiff's fall on February 2, 2001.. Penn Mutual, 2011 WL 13228574 at *4. 0000001100 00000 n Rule 30 (b) (6) requires that the party taking the deposition provide a notice of corporate deposition that lists topics on which testimony is sought, and requires that the company noticed. Knowledge of all road and written test certificates issued by Defendant Rolfes or any other motor carrier or organization to Defendant Dughly regardless of the date issued or the originator of such certificates. Knowledge of the company safety rules or its equivalent for Defendant Rolfes that were in effect on August 27, 2020, and for 3 years prior. 0 Knowledge of all documents received, obtained or filed by Defendant Rolfes when qualifying Defendant Dughly as a truck driver in accordance with the Federal Motor Carrier Safety Regulations. Title: (Ex: Defendant's or Plaintiff's Motion to Compel Deposition of Opposing Party's Corporate Representative; Background Facts and Requests For Deposition, including statement of the case, information regarding noticed depositions, statement regarding non-compliance with notice; Moving Party's Requirements (of deponent's testimony) at trial; Learn more about FindLaws newsletters, including our terms of use and privacy policy. R. CIV. The entity's adversary has few obligations in noticing the deposition of a corporate designee. Federal Rule of Evidence 615 does state that witnesses must be excluded at a party's request, but according to Rule 30(c) of the Federal Rules of Civil Procedure, "[t]he examination and cross . Knowledge of each of the following documents reflecting Defendant Rolfes's compliance with. Knowledge of any publications, manuals, literature, guidelines, or other written materials provided by Defendant Jones Supply to Defendant Rolfes (or any of its' drivers) at any time prior to the date of the subject collision. If such an agreement is not possible, the Southern District of Florida recently addressed the question of what constitutes adequate preparation of a corporate witness. Knowledge of all maintenance files and records created from at least one year prior to accident maintained by Defendant Rolfes in accordance with 49 CFR 396 on the trailer pulled by Defendant Dughly on the day of the occurrence. 6 Theoretically . P. 1.310 (b) (6) and begin your discovery voyage. | Key Provisions of Rule 32 A deposition may be used by any party to contradict or impeach the testimony given by the deponent as a witness or for any other purpose allo wed by the Federal Rules of . Knowledge of each and every document provided by Jones Supply to Rolfes, including, but not limited to, each and every document referring to hauling, delivery, safety, truck specifications, insurance, maintenance, driver evaluations, driver conduct, driver dress, advertising, the Jones Supply logo, compensation, bonuses, and discounts. Rule 57.03(b)(4) provides that persons so designated shall testify as to matters known or reasonably available to the organization.. Knowledge of any and all documents reflecting payments to any person or legal entity arising out of claims made against you arising out of the accident made the basis of this suit, whether paid by you or any person or entity (including insurance) on your behalf. 39 at 5. 3 The effectiveness of the Rule bears heavily upon the parties' reciprocal . Before the rule was adopted, you had two options if you wanted to depose a corporation. 0000003049 00000 n After all, if the plaintiff merely intends to ask a series of questions about which the individual has no knowledge, then the evidence is irrelevant in all probability or, at a minimum, unfairly prejudicial to the defendant corporation. Relator filed a motion to compel Defendant to produce a substitute corporate representative prepared to testify about matters known or reasonably available to Defendant regarding the first and third deposition topics. Now what? xb```b``)f`a``scg@ ~+s`X1'e5zUY3X,2 Knowledge of the job description of the position that Defendant Dughly was initially hired, employed or retained to perform for Defendant Rolfes. The email address cannot be subscribed. | xd|dxh)G_X;oFs$0U{Ul~D,#p8F. Knowledge of all unofficial logs of Defendant Dughly for the thirty days leading up to the incident involving Plaintiff and for thirty days after the incident maintained pursuant to. Knowledge of all maintenance files and records from at least one year prior to accident maintained by Defendant Rolfes in accordance 49 CFR 396 on the truck tractor involved in the accident inclusive of any inspections, repairs or maintenance done to the tractor tractor. R. Civ. 0000028120 00000 n 51 The legislation also altered the procedures for taking depositions in civil cases. [O7w7>v%,\t+&8cChXtQBIyBx86peQ%e! Rule 30(b)(1) directs that the party noticing the deposition state the time and location for the examination, . Knowledge of the company safety rules or its equivalent issued to Defendant Rolfes and Dughly by Jones Supply that were in effect on August 27, 2020, and for 1 year prior. 48 These amendments redefined the scope of discovery and imposed new limits on written interrogatories 50 and requests for admissions. The rules of evidence also permit the trial judge to exclude irrelevant evidence or evidence which, while relevant, would be unfairly prejudicial. All rights reserved. In the case of Representative Deposition, which states that upon notice or subpoena by an opposing corporation, partnership or association, a third party must disclose and present a witness to testify on behalf of those subjects listed . Knowledge of each out of service report or violation concerning the tractor and trailer involved in this incident for the 5 years prior to this incident to the present, to include copies of any supplements, responses, or amendments to the same. Rule 57.07 - Use of Depositions in Court Proceedings. Per the revised Rule 57.03(a), leave of court for a deposition would be required if the parties have not stipulated to the deposition and (i) the deposition would result in more than 10 depositions being taken under Rule 57.03 or Rule 57.04 by any party; (ii) the deponent has already been deposed in the case; or (iii) the plaintiff seeks to take No. R.R. Rule 30(B)(6) permits a party to notice a corporations deposition and imposes a duty on the corporation to designate specific individuals to testify about the subject matters specified in the notice. With respect to the first and third deposition topics, the corporate representative testified that she had no personal knowledge of how the decedent fell or of the design and placement of the electrical box. However, a smart plaintiff attorney can defeat this strategy by calling that person as an adverse witness before putting on the plaintiffs key witnesses. Knowledge of any and all insurance contracts which provide secondary or excess coverage to Defendant Rolfes, Defendant Dughly, and Defendant Jones Supply for any risk related to the incident. Knowledge of any investigations performed by Jones Supply regarding Defendant Rolfes's safety history, safety ratings, driver qualifications, driver fitness, accident history, drug, and alcohol testing, and vehicle maintenance. See TEX. MICHAEL THOMAS MARTINEZ, II, et al. American Bar Association @"J|/T3002pcM?}j&vkif ~ 13@,xH320Y{8~8#@ G%> Deposition questions vary on a case-by-case basis, but introductory, background and deposition preparation questions are fairly standard across the board. [. The electrical box was on Defendant's premises. Knowledge of all driver's record of duty status or driver's daily logs and 70/60 hour - 8/7 day summaries or otherwise described time worked records created by Defendant Dughly and/or any of his/her co-driver(s) for the period from at least 90 days prior to the accident and for 30 days after the accident. 70163. Knowledge of any and all DOT and State inspections of the tractor involved in the crash for the five years leading up to the date of this crash. Knowledge of all inspection reports for the vehicle which were conducted by state or municipal law enforcement agencies, as required by 49 CFR 390.30, or any state or municipal statutes or ordinances from for a period of five years leading up to the incident. Knowledge of each traffic citation, FBMCS terminal or road equipment and driver compliance inspection, warning and/or citation issued to Defendant Rolfes and/or Dughly by any city, county, state federal agency or law enforcement official. This is not the rule everywhere, however. and Towson; Carroll County including Westminster; Frederick County including Frederick; Harford County including Abingdon, Bel Air, Belcamp, and Forest Hill; Montgomery County including Germantown and Rockville; Howard County including Ellicott City and Columbia, Washington, D.C. and Washington County including Hagerstown. Corporate Representatives Protected Work Product Most practitioners are familiar with the pur-pose and scope of corporate-representative depositions, commonly known as "30(b) (6) depositions" in federal court. P : . Knowledge of every federal, state, county, municipal, insurer and/or internal motor carrier collision report or other collision reports concerning all collisions in which Defendant Rolfes (or one of Rolfes's drivers) has been involved, including the collision at issue in this cause and all collisions prior to the collision at issue in this cause, pursuant to Federal Motor Carrier Safety Regulation 390.15(b)(1) and 390.1 5(b)(2). Therefore, the defendants witnesses should be familiar with the expected trial testimony of the other sides witness and it is not necessarily critical that they be present in the courtroom and subject to being called as an adverse witness. Knowledge of all documents constituting, commemorating, or relating to any incidences of overweight citations or warnings issued for any tractor and/or trailer owned, leased or otherwise in the service of Defendant Rolfes. Knowledge of all training or instructional videotapes, CDs or DVDs used by any Defendant Jones Supply in its training any of its drivers at any time during the five years before the occurrence. <]>> Stay up-to-date with how the law affects your life. <]>> 0000000016 00000 n After the deposition, the plaintiff moved for sanctions and to compel a second corporate deposition, alleging that the corporate representative was not adequately prepared to testify. The Court will not order any WU Defendants to resubmit to depositions on this topic. The rule which comes closest, and upon which the foregoing argument principally relies, is Rule 30(B)(6) of the Federal Rules of Civil Procedure and similar state rules. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Knowledge of any and all documents relating to any investigation performed by Defendant Jones Supply concerning Defendant Dughly's safety rating, safety fitness, Federal Motor Carrier Safety Administration's safety measurement system, behavioral analyst and safety improvement categories (BASICs), including unsafe driving, hours of service compliance, driver fitness, controlled substances/alcohol, vehicle accidents, list of crashes, roadside inspections and commercial vehicle violations prior to the date of the subject collision. The contact form sends information by non-encrypted email, which is not secure. Knowledge of any photograph, film, videotape, moving pictures, electronic image or recording, or any audiotape which depicts or contains the image of the tractor or trailer at the scene of the incident, or any time after (you may exclude from your response hereto any item which you have produced in response to any previous request herein). xref 0000004412 00000 n Sample 30(B)(6) Deposition - List of Documents to be Produced by Defendant. Knowledge of all evaluations or criticism of the job performance of Defendant Rolfes by Jones Supply, including but not limited to annual evaluations, interim evaluations, or specific incidents that gave rise to an evaluation or criticism. testify 'vicariously' at trial, as distinguished from at the Rule 30(b) (6) deposition, if the corporation makes the witness available at trial, he should not be able to refuse to testify to matters as to which he testified at the deposition on grounds that he had only corporate knowledge of the issues, not personal knowledge."8 With 1999); Crimm v. Missouri Pac. Copyright 2023, Thomson Reuters. A deposition lawfully taken and, if required, filed in any federal- or state-court action may be used in a later action involving the same subject matter between the same parties, or their representatives or successors in interest, to the same extent as if taken in the later action. Knowledge of the job description of the position or job that Defendant Rolfes was performing as a commercial carrier for Defendant Jones Supply at the time of the incident if such exists. Knowledge of any forms of reimbursement that was provided by Defendant Jones Supply to Defendant Rolfes drivers while hauling on behalf of Defendant 84 (this would include reimbursement for gasoline). Knowledge of all e-mail or text messages sent by or to Defendant Dughly from Defendant Rolfes (including its agents, employees, dispatchers) for the seven days prior to the incident and the date of the incident. of rule 1.310(c), the court in which the action is pending or the circuit court where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition or may limit the scope and manner of the taking of the deposition under rule 1.280(c). Not create an attorney-client relationship ( citing State ex rel regarding the 's... Street, 30th Floor, R. Civ that submitting this form does not create an attorney-client relationship Rule.... Seeking to depose only Eberwein, Arnette refused American & # x27 ; reciprocal or extent of discovery and new... ( b ) ( 1 ) directs that the party noticing the deposition a! Irrelevant evidence or evidence which, while relevant, would be unfairly prejudicial, memoranda and documents. With Defendant to establish Defendant 's position with respect to these issues attorney-client... July 2020 frequency or extent of discovery and imposed new limits on written interrogatories 50 and for! A ) When a deposition, Rule 30 ( b ) ( 6 ) deposition - of! More money than I expected relevant, would be unfairly prejudicial corporate officers under Rule 45 I got lot! Altered the procedures for taking depositions in civil cases does not create an attorney-client relationship, thus him... For the examination, not order any WU Defendants to resubmit to depositions on this.! 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P. 1.310 ( b ) ( 6 ) ( Mo.App.1994 ) ) depositions of officers...