Special Master Bechtle recently addressed plaintiff’s motion to compel the deposition of in-house counsel for a defendant, the same person who signed the verification for that defendant’s interrogatory responses. Xpoint Technologies, Inc. v. Intel Corp., et al., C.A. No. 09-00026-SLR, Special Master Order No. 20 (D. Del. Oct. 28, 2010). The Special Master found that if in-house counsel is a person “with knowledge of the facts” in the responses or has “possession or control of the documents that contain the facts” the deposition is granted. Id. at 2-3. If, however, he does not have personal knowledge of the facts or control of the documents then the motion is denied and defendant is required to serve a declaration under oath that counsel does not have that personal knowledge and identify the people that do. Id. at 3-4.
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