Legal Question in Civil Litigation in Massachusetts

Re: Deposition-Wrong person?

Call for the deposition of whatever person

you feel you need.

Are you using an attorney?

Re: Deposition-Wrong person?

SORRY YOU GOT THAT MESSAGE THREE TIMES! There was a bug in lawguru apparently.

Another comment: your depo request ought to have described the information you were trying to get and then the corp. had a duty to name the person who has that information. Perhaps you failed to so identify or else they failed to follow the rules. Then you need to compel them (with a motion) to do what you need. Here are a few parts of the general rules of civil procedure in Mass. (if they apply to your case):

(1) A party desiring to take the deposition of any person upon oral examination shall give at least seven days' notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice.

...

(6) A party may in his notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he will testify. A subpoena shall advise a non-party organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a deposition by any other procedure authorized in these rules.

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So you see, technically it is up to them to put the right person forward, but you can force their hand if they're giving you the runaround.

Write to me at [email protected] with more of your story if you like.