A party may depose an organization on described topics, and the organization must designate someone to testify on its behalf.

The notice. Topics must be described with reasonable particularity. Overbroad topics — all facts relating to the complaint — are routinely objected to and narrowed, and the meet and confer about topics is a required step in many courts.

Preparation obligation. The designee must testify about information known or reasonably available to the organization, which requires reviewing documents and speaking to people with knowledge. Personal ignorance is not a permissible answer, and an unprepared designee can result in sanctions and a second deposition.

Multiple designees are permitted and often necessary, each for specified topics.

Binding effect. The testimony is the organization’s position. It does not bind the organization in the sense of a judicial admission in most circuits, but contradicting it later requires explanation and is damaging.

Objections. Preserved on the record; instructions not to answer are limited to privilege, court-ordered limitations, and to permit a motion to terminate.

For the responding party. Negotiate the topics down, prepare thoroughly with a document binder per topic, and select designees for their ability to be prepared rather than for their seniority.