Federal Rule of Civil Procedure 30(b)(6) now includes a confer-in-good-faith requirement. The amendment addresses perceived deficiencies in the Rule 30(b)(6) process, including inadequately prepared witnesses and deficient notices. To address these challenges, the rule makers concluded that requiring lawyers to address such issues in advance will increase clarity and resolution.
The new amendment provides as follows:
Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination. A subpoena must advise a nonparty organization of its duty to confer with the serving party and to designate each person who will testify.
The amendment to the rule went into effect December 1, 2020.
As the Judicial Conference of the United States’ Committee on Rules of Practice and Procedure stated in its memorandum to the U.S. Supreme Court, the amendment “codifies a best practice and practitioners across the bar support it.”