[CLC-Discussion] Corporate Representative - hearsay

Tue Aug 20 15:13:50 PDT 2013

That's the case I was referring to; thanks. 

Sent from my iPhone

On Aug 20, 2013, at 6:02 PM, "Kenneth Curtin" <Ken.Curtin at arlaw.com> wrote:

> I believe you are talking about the 4th dca case - very much describes the corporate representative process, but I do not believe mentions hearsay, but the language is good since if such was hearsay, than in a lot of corporate representative depositions you could not produce someone since a lot of what they said would be hearsay. I believe the case was Carriage Hills Condominium, Inc. v. JBH Roofing & Constructors, Inc., 109 So.3d 329, 334 (Fla. 4th DCA 2013).
> 
> 
> Kenneth M. Curtin, Esquire
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> -----Original Message-----
> From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of fred.dudley at hklaw.com
> Sent: Tuesday, August 20, 2013 5:57 PM
> To: MBarlow at sbwlegal.com
> Cc: clc-discussion at lists.flabarrpptl.org
> Subject: Re: [CLC-Discussion] Corporate Representative - hearsay
> 
> If this is a stupid response this is not Fred Dudley but there is a very recent appellate case on this rule that talks about the misconception of having to produce the "most knowledgable" corporate representative. See Fred's last several monthly subcommittee reports since that rascal is currently on vacation in the mountains of western No Carolina trying hard not to type so much stuff on his IPhone (I hear).
> 
> Sent from my iPhone
> 
> On Aug 20, 2013, at 5:43 PM, "Mahlon Barlow" <MBarlow at sbwlegal.com<mailto:MBarlow at sbwlegal.com>> wrote:
> 
> Fla.R.Civ.Pro. 1.310 governing depositions provides that in the case of a corporate entity the person designated by the entity shall testify about matters "known or reasonably available to the organization."    The corporation has a duty to produce a knowledgeable person.   In the case of matters involving a former employee of the organization, that could necessitate an inquiry of the former employee re historical matters so as to gain the necessary "institutional knowledge" to testify.
> 
> It occurs to me that inherent within this procedural process is the need to convey factual/historical information to a corporate representative so that rep can testify as to the information known or available to the organization (similar to conveying factual information to an expert).  I cannot find direction from a court as to the application of the hearsay rule in such circumstances.
> 
> Has anyone run into hearsay problems with respect to the designated representative inquiring of other employees/former employees?   If so, how was it resolved?   Thanks in advance.
> 
> P.S. - If this is a ridiculously stupid question then I am asking it on behalf of Neal Sivyer.
> 
> 
> Mahlon H. ("Tripp") Barlow
> Sivyer Barlow & Watson, P.A.
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