Vehicle Market Research v. Mitchell International, — F.3d —, 2016 WL 6211806 (10th Cir. Oct. 25, 2016)

The Tenth Circuit held that the testimony of a Rule 30(b)(6) witness is merely an evidentiary admission, rather than a judicial admission.  The plaintiff challenged the district court’s refusal to instruct the jury that it was required to reject the trial testimony of the defendant’s former CEO because that testimony was inconsistent with his deposition testimony under Rule 30(b)(6).  The court rejected this argument, as the proposed jury instruction was not an accurate statement with respect to the “binding” nature of 30(b)(6) deposition testimony.