The Corporate Deposition Rule
The Fourth District Court of Appeal clarified the operation of Fla.R.Civ.P. 1.310(b)(6), which is the rule governing corporate depositions. The Court strongly emphasized that the person(s) designated to testify represents the “collective knowledge” and “voice” of the corporation, not of the individual deponents.
Improper Notice and Designation Practices
The Court found that the deposition of the corporate representative was neither properly noticed nor conducted in the underlying matter. This case warns practitioner’s against the standard practice of designating the corp. rep. as the person with the “most knowledge.” Rather, it is important to seek the witness that can best give “complete, knowledgeable, and binding answers” on behalf of the corporation.
Evidentiary Considerations
It is interesting to note that the Court did not address the likely evidentiary hurdle that the corporate rep. as “voice of the corporation” will almost always rely on hearsay testimony in some shape or fashion. This will be a challenge in any trial case involving a corp. rep. deponent.
Carriage Hills Condo., Inc. v. JBH Roofing & Constructors, Inc., 109 So. 3d 329, 336 (Fla. Dist. Ct. App. 2013) review dismissed, 130 So. 3d 692 (Fla. 2013), reh’g denied (Nov. 7, 2013)
See the full opinion:
https://www.4dca.org/content/download/191606/1701604/file/4D11-2251.op.pdf
Trial Practice
Preparing or Defending a Corporate Representative Deposition?
A corporate representative’s testimony binds the company, and as Carriage Hills shows, testimony built on what others told the designee can be attacked as hearsay at trial. Cox Law, PLLC prepares corporate representatives, defends and takes depositions, and litigates business disputes throughout Florida. Let’s talk before your designee is sworn in.
Or call (813) 685-8600 · Webquestion@Coxlawplc.com