Commercial Litigation and Arbitration

February 15, 2009

30(b)(6) testimony is frequently taken from an adverse party and comprises an admission under Federal Rule of Evidence 801(d) and Federal Rule of Civil Procedure 32(a)(3). Not always. If not, it must otherwise satisfy hearsay and competency requirements. From Century Pac., Inc. v. Hilton Hotels Corp., 528 F. Supp. 2d 206, 215 n. 5 (S.D.N.Y. 2007):
30(b)(6) testimony is frequently taken from an adverse party and comprises an admission under Federal Rule of Evidence 801(d) and Federal Rule of Civil Procedure 32(a)(3). Not always. If not, it must otherwise satisfy hearsay and competency requirements. From Century…

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