ASK MR. CIVIL PROCEDURE MAN

By: Ralph U. Whitten, Senator Allen A. Sekt Professor of Law at Creighton University Law School.

Question: I am scheduling a Rule 2004 exam of a mortgage creditor but I don’t know who I should ask to depose. I need the person for the organization to be able to explain how the proof of claim arrearage was calculated, how the current payment was calculated and how they have posted payments. Is it possible to use a 30(b)(6) motion when conducting a 2004 exam? Also do I have to do the 2004 [exam] where . . .

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