Fed. R. Civ P. 30(b)(6), 56(c)(4) and Fed. R Evid. 602, 802: Can the Concept of “Corporate Knowledge

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.

The Article can be downloaded here. [1]

[1] Originally published in volume 24, number 1 of the NYSBA NY Litigator Spring 2019, a publication of the Commercial & Federal Litigation Section of the New York State Bar Association.