Depositions Under Illinois Law: The Federal Example
Yes, you can depose a corporation. While Illinois courts have said little about obtaining deposition testimony from representatives of a corporation, several federal decisions are instructive. Corporations can designate a person to speak as the corporation — and not only regarding facts. Federal Rule of Civil Procedure 30(b) also extends testifying to subjective beliefs and opinions.
Corporate designees may be held to a high standard when speaking on behalf of a corporation. Answers such as “I don’t know” may not only bind the corporation to the deponent’s ignorance but may also result in sanctions for failing to produce a witness with responsive knowledge. This places a burden on corporations to ensure individuals speaking on their behalf are adequately prepared.
Do you represent clients seeking post-appellate relief? Do your clients complain about a lack of relief after conviction? Are you looking for alternative outcomes in correctional relief of sentences? Then don’t miss this continued intermediate online discussion on June 22, 2018, regarding post-conviction remedies for Illinois prisoners that covers direct appeals, motions for reduction of sentences, sentencing credits, parole (mandatory supervised release), and detainers, as well as federal action.
Asked and Answered
Investigative avenues have opened up considerably in the past quarter-century thanks to the internet and, more recently, social media.
The Illinois Supreme Court handed down three opinions on Thursday, May 24. The court upheld the constitutionality of the Vehicle Code’s definition of "low-speed gas bicycle" in People v. Plank, considered the application of the officer suit exception to sovereign immunity in Parmar v. Madigan, and determined whether statutory changes apply retroactively to two Freedom of Information Act requests in Perry v. Department of Financial and Professional Regulation.