6 7 8 9 10 11 1 FEDERAL RULES OF CIVIL PROCEDURE admissions about all matters that can reasonably be anticipated for discussion at a pretrial conference. If appropriate, the court may require that a party or its representative be present or reasonably available by telephone other means to consider possible settlement. * Committee Note When a party or its representative is not present, it is enough to be reasonably available by any suitable means, whether telephone or other communication device. Rule 26. Duty to Disclose; General Provisions Governing 2 3 4 5 6 7 8 9 As with the Rule 11 signature on a pleading, written motion, or other paper, disclosure and discovery signatures should include not only a postal address but also a telephone number and electronic-mail address. A signer who lacks one or more of those addresses need not supply a nonexistent item. Rule 11(b)(2) recognizes that it is legitimate to argue for establishing new law. An argument to establish new law is equally legitimate in conducting discovery. 231 FEDERAL RULES OF CIVIL PROCEDURE 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 a nonparty 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. Committee Note The right to arrange a deposition transcription should be open to any party, regardless of the means of recording and regardless of who noticed the deposition. "[O]ther entity" is added to the list of organizations that may be named as deponent. The purpose is to ensure that the deposition process can be used to reach information known or reasonably available to an organization no matter what abstract fictive concept is used to describe the organization. Nothing is gained by wrangling over the place to fit into current rule language such entities as limited liability companies, limited partnerships, business trusts, more exotic common-law creations, or forms developed in other countries. 233 1 2 3 4 5 6 Committee Note The party who noticed a deposition on written questions must notify all other parties when the deposition is completed, so that they may make use of the deposition. Rule 36. Requests for Admission (b) Effect of an Admission; Withdrawing or Amending It. A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to Rule 16(d) and (e), tThe court may permit withdrawal or amendment of an admission 234 |