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Fed. R. Civ P. 30(b)(6), 56(c)(4) and Fed. R Evid. 602, 802:
Can the Concept of “Corporate Knowledge” Be Stretched?
April 18, 2019
Generally, a fact witness may only testify based on personal knowledge. Nevertheless, the Federal Rules of Civil Procedure allow corporations to appoint a representative to testify on their behalf, based on the corporation’s records and collective knowledge. Stephen M. Harnik and Armin Kaiser have co-written an article which analyzes how such testimony can - and cannot - be used at trial.