Also known as: managing agents
Written by attorneys · grounded in primary & secondary sources — see below
A person authorized to act for or in place of an entity with sufficient managerial authority to bind the organization or receive legal process on its behalf. The designation enables the entity to designate the individual for deposition testimony on matters known or reasonably available to the organization and permits adverse parties to use that testimony for any purpose. Service of process on a managing agent satisfies requirements for notifying the entity under applicable rules.
Yasmine serves Highland Publishing with a Rule 30(b)(6) notice listing topics tied to a specific broadcast segment. Highland designates its senior news producer as the witness. The producer must testify about information known or reasonably available to the network because the producer qualifies as a managing agent with authority over editorial matters.
Mountain Grain attempts service on Gate Ag by delivering papers to a seasonal farmhand at the property. The court finds the farmhand lacks managerial authority. Service fails because only a partner or managing agent satisfies the rule for binding the partnership.
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Adickes seeks to depose Miss Baggett in her suit against Kress. Kress resists by showing Baggett lacked power to make managerial decisions. The court treats her as outside the managing-agent category so her deposition cannot be used against the company for any purpose.
QVC notices a deposition of Paramount's board in the Chancery Court action. Paramount objects that certain directors are not managing agents. The court permits the deposition because directors qualify as managing agents whose testimony binds the corporation under the applicable rule.
An adverse party may use the deposition of a managing agent for any purpose under Rule 32(a)(3). The rule treats the testimony as binding on the organization because the agent speaks for the entity at the time of the deposition.
Service on a seasonal farmhand who lacks managerial authority or ownership interest does not satisfy Rule 4(h). The rule requires delivery to a partner or managing agent so that the entity receives proper notice through someone with authority to act.
The organization must designate one or more officers, directors, or managing agents to testify about information known or reasonably available to the entity. The designees must be prepared on the matters described with reasonable particularity in the notice.
Managing agents possess authority to make decisions that bind the entity. Ordinary employees lack that authority so service or testimony from them does not reliably notify or represent the organization under the Federal Rules.
…Under Ch. Ct. R. 32(a)(2), a deposition is admissible against a party if the deposition is of an officer, director, or managing agent. From the docket entries, it appears that depositions of third party witnesses (persons who were not directors or officers) were taken pursuant to the issuance of commissions. [^maj-26]:…