GONZALEZ PRODUCTION SYSTEMS, INC. - OPINION AND ORDER CONCERNING USE OF 30(B)(6) VIDEO DEPOSITIONS AS EVIDENCE AT TRIAL

Aug 24, 2026

Federal court opinion and order addressing requests to admit excerpts from Rule 30(b)(6) video depositions at trial. The decision analyzes the interplay between Federal Rules of Civil Procedure 30(b)(6) and 32(a)(3), including disputes over when and how such testimony may be used for trial purposes. The court considers whether 30(b)(6) testimony is binding on the corporation and discusses conflicting authority on whether it functions like a judicial admission, ultimately limiting permissible use at trial.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages6

Reading Time15 min

AccessFree to download

Introduction

Discussion

Interplay of Rules 30(b)(6) and 32(a)(3)

Binding effect vs. judicial admission

Use of deposition testimony at trial

2:13-cv-11544-GAD-RSW Doc \# 240 Filed 09/15/15 Pg 1 of 6 Pg ID UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GONZALEZ PRODUCTION SYSTEMS, INC., Plaintiff/Counter-Defendant, v. MARTINREA INTERNATIONAL INC., Defendant, MARTINREA HEAVY STAMPINGS INC., Defendant/Counter-Plaintiff. / Case No. 13-cv-11544 UNITED STATES DISTRICT COURT JUDGE GERSHWIN A. DRAIN UNITED STATES MAGISTRATE JUDGE R. STEVEN WHALEN OPINION AND ORDER CONCERNING USE OF 30(B)(6) VIDEO DEPOSITIONS AS EVIDENCE AT TRIAL I. INTRODUCTION At the Final Pretrial Conference, it came to the Court’s attention that Martinrea International Inc. and Martinrea Heavy Stampings, Inc. (collectively “Martinrea”), seek to admit into evidence video deposition excerpts of witnesses who testified as Gonzalez Production Systems, Inc.’s (“Gonzalez”) Rule 30(b)(6) witnesses. Specifically, Martinrea states that “in lieu of calling all six of Gonzalez’s designees to testify at trial,” it should be able to freely “use video clips of admissions from the depositions of Gonzalez’s 30(b)(6) designees.” Dkt. No. 233 at 2-3. As indicated at the Final Pretrial Conference, the Court will deny Martinrea’s request for the use of video depositions during opening statements. Moreover, after reviewing the matter and applicable law in detail, the Court will further prescribe the use of the video depositions in the free fashion Martinrea seeks. Specifically, the Court will only permit the use of the video depositions for impeachment purposes. An explanation of the Court’s reasoning is below. 2:13-cv-11544-GAD-RSW Doc \# 240 Filed 09/15/15 Pg 2 of 6 Pg ID II. DISCUSSION In order to use the deposition video freely throughout trial, Martinrea relies on two primary rules from the Federal Rules of Civil Procedure: Rule 30(b)(6) and Rule 32(a)(3) . Rule 30(b)(6) provides as follows: Notice or Subpoena Directed to an Organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination. The named organization must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. A subpoena must advise anonparty organization of its duty to make this designation. The persons designated must testify about information known or reasonably available to the organization. This paragraph (6) does not preclude a deposition by any other procedure allowed by these rules. FED. R. CIV. P. 30(b)(6) . Rule 32(a)(3) (formerly Rule 32(a)(2), until the 2007 amendments) addresses the use of a Rule 30(b)(6) deposition, as follows: Deposition of Party, Agent, or Designee. An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing agent, or designee under Rule 30(b)(6) or 31(a)(4) . Fed. R. Civ. P. 32(a)(3) . The interplay between these two rules provides a rather ambiguous and potentially powerful tool for litigants, as the plain language indicates that a party can use the depositions of Rule 30(b)(6) designees “for any purpose.” However, there is a split of authority as to when—and even how—a party can use the depositions of Rule 30(b)(6) designees at trial. See Estate of Thompson v. Kawasaki Heavy Indus., Ltd., 291 F.R.D. 297, 303-06 (N.D. Iowa 2013) (conducting a thorough analysis of the varying views and interpretations of the interplay between Rule 32(a) and Rule 30(b)(6), the hearsay rules, and Rules 611 and 403) . For example, as a threshold matter and though it has not been briefed extensively, the Court has questioned the extent that the Rule 30(b)(6) testimony in this case actually binds the corporation. See Estate of Th

FAQs

What court issue does the opinion and order address regarding 30(b)(6) depositions?

The opinion addresses how excerpts of Rule 30(b)(6) video depositions may be used as evidence at trial, including whether they can be used freely for trial statements.

How do Rules 30(b)(6) and 32(a)(3) relate to the use of 30(b)(6) deposition testimony?

The court examines how Rule 30(b)(6) structures organizational depositions and how Rule 32(a)(3) permits use of such deposition testimony, noting that authority is split on the practical extent and method of use at trial.

Does the opinion treat Rule 30(b)(6) testimony as a binding judicial admission?

No. The court discusses that some authority views 30(b)(6) testimony as admissible against the organization but not necessarily as a judicial admission that conclusively establishes facts or prevents other evidence.

Aug 24, 2026

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