These groups are bound together either by family ties or contract. Xeer justice usually revolves around the latter groups, as these are the smallest. In these groups, each member is responsible for the crimes of another, and must accordingly bear some fraction of any decided punishment. Within this system, only the victim or immediate family of a victim can bring criminal proceedings to xeer mediation.
It is quite common for a corporation to be a party to a lawsuit.
However, a corporation is considered Corporate law question and answer be a "legal fiction. Ultimately, the defense of a corporation, like any other defense, depends on the testimony of human beings.
In fact, "[i]t is well-settled that a corporation is a creature of legal fiction which can act only through its officers, directors and other agents. The Federal Rules of Civil Procedure recognize that a corporation may only participate in a lawsuit by relying on the testimony of its designated representatives.
In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination.
The named organization must then designate one Corporate law question and answer more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify.
A subpoena must advise a nonparty organization of its duty to make this designation. The persons designated must testify about information known or reasonably available to the organization.
This paragraph 6 does not preclude a deposition by any other procedure allowed by these rules. Accordingly, Rule 30 b 6 is intended to codify the manner in which testimony may be obtained from a legal entity in a civil action.
This article focuses on the scope and application of Rule 30 b 6 and a corporation's duties thereunder. The "reasonable particularity" requirement will be enforced by the court and a generic notice of deposition is not sufficient. Federal Bureau of Investigation, F. Although Rule 30 b 6 does not expressly limit the subject matter or number of topics that may questioned in the deposition, the discovery protections available to an individual deponent are also available to a corporate representative.
However, unlike the deposition of an individual deponent, a corporation receives early notice of the intended topics of the 30 b 6 deposition. Consequently, counsel for the corporation should move quickly to resolve any potential discovery dispute with the plaintiff related to the identified topics and, if no agreement can be reached, request a protective order from the court.
Counsel's failure to take immediate action following receipt of a potentially objectionable notice of deposition can result in an adverse effect on the corporate client.
Moreover, although Rule 30 b 6 contains no express limitations on discovery, courts, on occasion, have found that a deposition notice can be overbroad. For instance, in Reed v. A party should not be expected to respond to such an overbroad and general request because "[a]n overbroad Rule 30 b 6 notice subjects the noticed party to an impossible task Upon receipt of a Rule 30 b 6 notice, defense counsel should thoroughly review the description of the matters of inquiry to ensure that they are reasonably identified.
In the event that the notice of deposition fails to identify the matters of inquiry, or in the event that it seeks matters outside of the scope of Rule 26, defense counsel should act, as quickly as possible, to have plaintiff's counsel to revise the notice and, if an agreement cannot be reached, seek a protective order from the court.
Topics Beyond The Scope Of The Notice As a Rule 30 b 6 deposition takes place, it is common for the questioning party to exceed the scope of the topics contained in the Rule 30 b 6 notice. Jurisdictions are currently divided on whether a party noticing a Rule 30 b 6 deposition is required to limit its questions to the topics reasonably identified in the notice.
First, the purpose of the rule was to afford the party deposing the corporation the ability to obtain information on certain matters in the form of testimony on behalf of the corporation without having to name the individual in the corporation to be deposed.
It makes no sense for a party to state in a notice that it wishes to examine a representative of a corporation on certain matters, have the corporation designate the person most knowledgeable with respect to those matters, and then to ask the representative about matters totally different from the ones listed in the notice.
Second, another purpose of the rule was to allow the corporation to designate a person who was prepared to answer questions on certain matters on behalf of the corporation. The rule was designed to avoid the problem which arose when a party noticed a particular officer of the corporation and the corporation had no way of knowing what matters were going to be the subject of the inquiry and whether the particular officer whose deposition had been noticed knew anything about those matters.
Obviously, this purpose of the rule would be effectively thwarted if a party could ask a representative of a corporation produced pursuant to a Rule 30 b 6 deposition notice to testify as to matters which are totally unrelated to the matters listed in the notice and upon which the representative is prepared to testify.
Third, the fact that the notice must list the matters upon which examination is requested "with reasonable particularity" also lends weight to the notion that a limitation on the scope of the deposition to the matters specified in the notice is implied in the rule.
If a party were free to ask any questions, even if "relevant" to the lawsuit, which were completely outside the scope of the "matters on which examination is requested", the requirement that the matters be listed "with reasonable particularity" would make no sense.
With this in mind, the sentence which reads that "[t]he persons so designated shall testify as to matters known or reasonably available to the organization" can be read in harmony with the rest of the rule if the word "matters" has the same meaning as it does when used earlier in the rule, i.
As to "matters upon which examination is requested", the representative has the duty to answer questions on behalf of the organization to the extent that the information sought is "known to the organization or reasonably available to it".
However, the current trend followed by courts appears to hold that a Rule 30 b 6 deposition should not be limited to those matters contained in the notice.
Instead, the King court held: Rule 30 b 6 should not be read to confer some special privilege on a corporate deponent responding to this type of notice.Jul 07, · It is quite common for a corporation to be a party to a lawsuit. However, a corporation is considered to be a “legal fiction.” How, then, can a corporation participate in the processes and procedures involved in the defense of a lawsuit?
United States Corporate/Commercial Law Miller & Martin 7 Jul I don't think this question is a duplicate, pac scripts can contain multiple proxy addresses depending on the target ip/host address, while the dube only addresses 1 proxy address - From review – .
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