Obtain documents through a corporate designee.

A well-drafted request for production of documents supplies the ammunition to fully analyze hazards posed by a product, as well as alternative safety features and whether the defendant considered those features. However, defense objections and failure to produce relevant documents can stymie even the most carefully prepared request.

I recently began to serve the request for production of documents as part of a notice of deposition for a corporate designee under Federal Rule of Civil Procedure 30(b)(6). This notice requires a designee to produce the documents and testify about them under penalty, of perjury. I have found that the volume and quality of documents produced is greater when a witness is compelled to testify that he or she made a diligent and reasonable search of corporate records. In some instances, witnesses testify that they produced only the documents within their control; in those cases I file a motion requiring the defendant to produce additional documents or identify other designees.

Using a corporate designee notice also ensures that all records the defendant produces are identified and Bates stamped. If the defendant is later caught biding records, it cannot claim that the undisclosed documents have been produced previously.

Robert J. Mongeluzzi

Philadelphia, Pennsylvania