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Corporate – Deposition – Representative

Superior Court

Mass. Lawyers Weekly Staff//April 21, 2022//

Corporate – Deposition – Representative

Superior Court

Mass. Lawyers Weekly Staff//April 21, 2022//

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Where a plaintiff corporation has filed an emergency motion to permit a former officer to attend depositions of fact witnesses, the motion should be denied because she is not a current corporate officer or employee.

“[Ludmila] Kalaydzhan is no longer a party, and accordingly no longer has a right to attendance at a pre-trial deposition in this case, in her own individual capacity. …

“The closer question is whether the corporate plaintiff may designate her as its representative for purposes of ‘presence’ at the deposition. …

“The corporate party may designate a current corporate officer or employee to attend pre-trial depositions on its behalf, but that person may not be a former officer or employee such as Ms. Kalaydzhan.”

Falafel, Inc., et al. v. Estate of Simonian (Lawyers Weekly No. 12-016-22) (2 pages) (Yarashus, J.) (Worcester Superior Court) (Civil Action No. 1985CV833) (April 5, 2022).

Click here to read the full text of the opinion.

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