Request for Production with 30(b)(6) Deposition Notice

What do you do if a client’s 30(b)(6) deposition notice contains a request like this?

Plaintiff also requests that [entity] produce any and all documents and tangible things relevant to the foregoing topics at the time of the deposition, to the extent [entity] has not previously produced said documents in its NRCP 16.1 disclosures or in previous responses to requests for production of documents. Plaintiff also requests that [entity] produce any and all documents used in preparation for the deposition, including any documents used during its investigation to prepare for said topics. These documents must be produced to our office five (5) calendar days before the deposition.

Rule 30(b)(2) states a deposition “notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and tangible things at the deposition.”  “It is well settled that Fed. R. Civ. P. 30(b)(2) provides that any deposition notice which is served on a party deponent and which requests documents to be produced at the deposition must comply with the thirty-day notice requirement set forth in” Rule 34.[1]  “A party may not unilaterally shorten that response period by noticing a deposition and requesting document production at that deposition.”[2]

In Schultz v. Olympic Med. Ctr. the deposition notice “did not allow Defendants the requisite thirty days to respond to the request for production of documents.  …  Due to the infirmity, Defendants simply had no duty to produce documents at Dr. Ferrell’s deposition.”  However, it alternatively ruled that although a party may not be obligated to bring the documents to the deposition, it may still be obligated to respond.  This means the documents might not need to be produced before the deposition, but within the 30 days Rule 34 allows.  However if discovery closes before the 30 day period expires, there should be no obligation to respond at all.

[1] Schultz v. Olympic Med. Ctr., No. C07-5377, 2008 U.S. Dist. LEXIS 80848, 2008 WL 3977523 (W.D. Wash. Aug. 22, 2008); see, also Kretek v. Bd. of Comm’rs, No. CIV 11-676, 2012 U.S. Dist. LEXIS 191914 (D.N.M. Oct. 19, 2012).
[2] Id.