Sample 30(B)(6) Deposition Notice

Below is a sample 30(B)(6) deposition subpoena. Rule 30(b)(6) requires a party to present witnesses who are prepared to testify “about information known or reasonably available to the organization.” Fed. R. Civ. P. 30(b)(6).

This mechanism allows plaintiffs’ lawyers to obtain discovery against a corporation by specifying topics on which testimony is sought, requiring the organization to designate witnesses to provide testimony on these subject that may bound the corporation at trial.

This same procedure is available under in Maryland state court under Maryland Rule 2-412(d) based on the federal rule.

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

MICHAEL THOMAS MARTINEZ, II, et al. :
Plaintiffs, :
v. : Case No.: 24-C-15-003129
Jones Supply COMPANY, LP, et al. :
Defendants. :

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NOTICE OF VIDEOTAPED DEPOSITION OF CORPORATE REPRESENTATIVE FOR Jones Supply COMPANY, LP

You are hereby notified that Plaintiff, Taylor Martinez, by and through her attorneys, Ronald V. Miller, Jr., Laura G. Zois, Esq., Justin P. Zuber, Esq., and Miller & Zois, LLC, pursuant to the Maryland Rules of Procedure § 2-412 and § 2-416, will take the deposition upon oral examination, for use in discovery and at trial, of the following persons on the date and at the time indicated below before a person duly authorized to administer an oath under Maryland law to be recorded stenographically/audio/videotape.

The deposition will be recorded via stenographic, audio, and/or videotaped means for the purpose of discovery and/or used as evidence and/or any other purposes permitted by the Maryland Rules of Civil Procedure, including use at trial, and will continue day to day until completed. Defendant Jones Supply Company, LP shall produce a corporate representative(s) with the knowledge and ability to testify regarding the topics described in the attached “Schedule A.”

In addition, the Deponent shall bring to the deposition the documents/things listed in the “Schedule A.” You are advised that you must designate one or more officers, directors, managing agents, or other persons who will testify on your behalf regarding the matters listed in “Schedule A” which are known or reasonably available to Jones Supply Company, LP.

DEPONENT: Corporate Representative for Jones Supply
Company, LP
DATE: Friday March 5, 2021
TIME: 10:00 a.m.
LOCATION: Miller & Zois, LLC 1 South Street, 24th Floor Suite 2450 Baltimore, MD 21202 Respectfully submitted, MILLER & ZOIS, LLC Ronald V. Miller, Jr. 1 South Street, 24th Floor Suite 2450 Baltimore, MD 21202 Phone: 410-553-6000 Fax: 844-712-5151

Attorneys for the Plaintiff Taylor D. Martinez and the Estate of Abigail Martinez

A. LIST OF TOPICS FOR Jones Supply COMPANY, LP REPRESENTATIVE

  1. Knowledge of each and every document provided by Jones Supply to Rolfes, including, but not limited to, each and every document referring to hauling, delivery, safety, truck specifications, insurance, maintenance, driver evaluations, driver conduct, driver dress, advertising, the Jones Supply logo, compensation, bonuses, and discounts.
  2. Knowledge of the policies or procedures provided by Jones Supply to Rolfes, regarding safety, motor vehicle safety, travel policy, sleep and rest requirements, vehicle inspection, driver standards and hiring requirements that were in effect at the time of the incident, including, but not limited to driver safety manuals, driver safety operating procedures, driver safety training manuals/procedures/guidelines.
  3. Knowledge of any employee handbook for Defendant Rolfes that was in effect at the time of the incident.
  4. Knowledge of the driver manual, company handbook, or their equivalent issued to Defendant Rolfes and Dughly by Jones Supply.
  5. Knowledge of the company safety rules or its equivalent issued to Defendant Rolfes and Dughly by Jones Supply that were in effect on August 27, 2020, and for 1 year prior.
  6. Knowledge of the company safety rules or its equivalent for Defendant Rolfes that were in effect on August 27, 2020, and for 3 years prior. [Note: this is a stretch, probably better to ask for one year.]
  7. Knowledge of all documents, books, reports, manuals, policies, and memoranda setting forth Jones Supply’s safety rules and regulations with respect to the loading, securing the load, or operation of tractors or trailers.
  8. Knowledge of all memoranda, policies, procedures or correspondence given or sent to Defendant Rolfes about the falsification of records during their engagements with Jones Supply.
  9. Knowledge of all policies or procedures of Defendant Rolfes relating to accident or injury investigation or reporting that were in effect on the date of the incident, and include blank copies of any documents that are required to be completed after an accident or injury.
  10. Knowledge of the accident register maintained as required in 49 CFR 390.15(b) to include the motor vehicle incident with Plaintiff and all accidents three (3) years prior to the date of the incident.
  11. Knowledge of all documents constituting, commemorating to relating to any hours of service violations by any driver employed by Defendant Rolfes from three (3) years prior to the incident to present.
  12. Knowledge of all documents constituting, commemorating, or relating to any incidences of overweight citations or warnings issued for any tractor and/or trailer owned, leased or otherwise in the service of Defendant Rolfes.
  13. Knowledge of each out of service report or violation concerning the tractor and trailer involved in this incident for the 5 years prior to this incident to the present, to include copies of any supplements, responses, or amendments to the same.
  14. Knowledge of each of the following d
    ocuments reflecting Defendant Rolfes’s compliance with 49 C.F.R. § 385, entitled “Safety Fitness Procedures,” including without limitation:
    1. All documentation defining Rolfes’s “safety rating”;
    2. All documentation Rolfes received in the course of any onsite examination of motor carrier operations, including Defendant Rolfes’s operations. This is to include all documentation relative to a compliance review and/or safety review;
    3. In the absence of a safety rating, please produce a copy of the Motor Carrier Identification Report, form MCS-150, filed in accordance with 49 C.F.R. § 385.21 with the FHWA Office of Motor Carrier Information Management and Analysis, Washington, D.C.
    1. Bills of lading;
    2. Carrier pros;
    3. Freight bills;
    4. Dispatch records;
    5. Driver call-in records;
    6. Gate record receipts;
    7. Weight/scale tickets;
    8. Fuel billing statements and/or summaries
    9. Toll receipts;
    10. International registration plan receipts;
    11. International fuel tax agreement receipts;
    12. Trip permits;
    13. Lessor settlement sheets;
    14. Delivery receipts;
    15. Over/short and damage reports;
    16. Commercial Vehicle Safety Alliance reports;
    17. Accident reports;
    18. Traffic citations;
    19. Overweight/oversize reports and citations;
    20. And/or other documents directly related to the motor carrier’s operation which are retained by the motor carrier in connection with the operation of its transportation business.
    1. Trip distance;
    2. Total vehicle driving time;
    3. Load factor;
    4. Vehicle speed limit;
    5. Maximum vehicle speed recorded;
    6. Number of hard brake incidents;
    7. Current engine speed (rpm);
    8. Maximum and minimum cruise speed limits;
    9. Total vehicle driving distance;
    10. Fuel consumption (gal./hr.);
    11. Idle time;
    12. Engine governed speed;
    13. Maximum engine speed recorded;
    14. Current throttle position;
    15. Brake switch status (on/off);
    16. Odometer;
    17. Trip driving time;
    18. Overall fuel economy (MPG);
    19. Average driving speed;
    20. # of engine overspeeds;
    21. # of vehicle overspeeds;
    22. Current vehicle speed (MPH);
    23. Clutch switch status;
    24. Clock