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Article: Deposing nonhumans: corporate representative depositions in Florida.
- Article from:
- Florida Bar Journal
- Article date:
- January 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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You represent the plaintiff in a complex commercial litigation case in Florida state court against a giant corporate defendant. You need to gather evidence at an early stage to push the case forward. The best way to begin to gather evidence is to pin down your corporate opponent's positions. How do you do it without having to guess whom to depose? The answer: Depose the corporate representative under Fla. R. Civ. P. 1.310(b)(6) and begin your discovery voyage. (1)
A Solution Is Born
Before the rule was adopted, you had two options if you wanted to depose a corporation. Plainly, you could not physically depose a corporation as it could not speak for ...