From Quota to Quality: Conducting Depositions with Clear Purpose

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Questions and Answers

What is essential for a deposition according to the outlined objectives?

To have clear established goals (correct)

To gather as much information as possible

To ensure it meets a specific quota

To include multiple witnesses for more perspectives

Which factor is least relevant when selecting the best witness for a deposition?

The presence of effective impeachment material

The event's proximity to the witness (correct)

The witness's ability to communicate facts

The witness's sincerity and credibility

In what scenario is it permitted to take subsequent depositions of different PMKs of the same defendant organization?

When a court explicitly disallows it.

Without any specific order.

Only if the natural person has been unavailable.

For different topics or areas of inquiry. (correct)

What must be established before noticing a deposition?

The admissibility of each deponent's expected testimony Signup and view all the answers

What is a primary objective of PMK depositions?

Locking in positions for trial preparation. Signup and view all the answers

In the case of an organization as a deponent, what must be designated in the deposition notice?

The matters on which examination is requested Signup and view all the answers

When should a PMK deposition be noticed?

After significant written discovery and document reviews. Signup and view all the answers

Which statement correctly reflects the current issues with some (FLF) depositions?

There is often a lack of clear objectives for depositions Signup and view all the answers

Which is NOT a criterion for selecting the best deponent from several witnesses?

Best recommendation from peers Signup and view all the answers

How can testimony be utilized during trial preparation?

To gather key admissions and sound bites Signup and view all the answers

What should not be a focal point during the planning of a deposition?

Meeting the required number of depositions Signup and view all the answers

What key action helps remedy discovery failures?

Compelling further document production based on testimony Signup and view all the answers

What obligation does an organization have after being served with a deposition notice?

To designate and produce its relevant officers or agents for testimony Signup and view all the answers

What is a proposed improvement for sharing the live deposition stream?

Create a group chat only for essential participants Signup and view all the answers

For what reason must the sharing of deposition video be kept confidential?

To prevent external attorneys from gaining insights Signup and view all the answers

What is required for team members to join a deposition for training purposes?

Training objectives must be identified Signup and view all the answers

Study Notes

From Quota to Quality: Conducting Depositions with Clear Purpose

The presentation focuses on moving from simply meeting deposition quotas to conducting depositions with clear objectives.
The current status quo involves depositions conducted without clear objectives, prioritizing quantity over quality.
Meeting a quota does not equate to a meaningful deposition objective.

What Needs to Be Done?

Every deposition must have a clear purpose or established goals; not just satisfying a quota.
Plan the key facts and talking points (soundbites) to be elicited from each deponent.
Identify relevant documents needed for the deposition.

Before Noticing a Deposition

Identify the nexus of relevance in the deponent's expected testimony.
Determine the specific objectives for each deponent.
Identify the physical or documentary evidence needed from each witness.
Confirm there are no legal reasons to preclude testimony or evidence.

Selecting the Best Witnesses/Deponents (Percipient)

Factors for selection include: who best perceived the event; who has the best recollection; who can best communicate facts; witness credibility; if impeachment material exists; if the witness has been previously deposed; how well the witness will perform under cross-examination; and witness availability.

Organization as Deponent: PMK/PMQ

In notices for non-natural persons, specify the matters to be examined clearly and precisely.
The deponent organization must designate officers, directors, management, employees or agents with the most knowledge of the relevant facts.
This is to ensure the person with the most qualified knowledge provides testimony.

CCP § 2025.230

If the deponent is not a natural person, the deposition notice must specify the matters to be examined.
The deponent must identify those officers, directors, managing agents, employees, or agents with the most knowledge regarding the requested matters.

PMK/PMQ

PMQ (Person Most Qualified): named in CCP § 2025.230—likely to be the most qualified to testify.
PMK (Person Most Knowledgeable): usually associated with § 2025.230—likely to possess the most known information.
Designation of PMKs applies if the deponent is a corporation, organization, partnership, etc. rather than an individual.
Officers, employees, and agents of the organization are potential PMKs/PMQs.

PMK = PMQ

PMK and PMQ are often used interchangeably.
The deponent organization designates the person(s) most knowledgeable about the issues in the deposition notice.

PMK = PMQ BUT...

PMQ may be someone with the highest rank or most authority, even if they don't have the most comprehensive knowledge.
PMQ can still discuss the matter at hand, despite lacking broader knowledge.

When to Notice PMK Deposition?

After concluding significant written discovery and document reviews.
Ideally, after the initial set of depositions.

How Many PMK Notices Per DEF Org?

Subsequent depositions of the same natural person without good cause are not permitted.
Multiple notices are possible if the topics or areas of inquiry are different.
Each notice should specify any new or additional topics not addressed previously.

Identifying the PMK Depo Objectives

Discovery and Investigation: Gathering new or clarifying information about procedures, incidents, corporate structures, and document searches. Identifying gaps in discovery.
Advancing Case Themes: Obtaining testimony supporting key themes or theories of the case (e.g., safety protocols, communication failures).
Locking in Positions: Establishing corporate defendant's specific positions, ensuring consistency at trial. Authenticating documents or establishing foundational facts.
Trial Preparation: Gathering sound bites and key admissions for use during trial. Identifying opposing witness credibility issues.
Negotiation and Settlement: Using information to strengthen the case for pre- and post-mediation discussions. Highlighting defense weaknesses to push for higher settlement offers.
Remedying Discovery Failures: Focusing on document searches and production to uncover overlooked or undisclosed information. Using testimony about deficient discovery to compel further production.

Deposition Internal Protocols

Sharing of Live Depo Stream: Sharing of live depositions should be limited to only involved parties (e.g. litigators, primary/secondary/document parties)
Protocols re External Attorney: Sharing of deposed information should be kept confidential from external attorneys and opposing counsel.

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Description

This quiz explores the essential principles of conducting depositions with a clear purpose rather than simply meeting quotas. It emphasizes the importance of establishing specific objectives, planning key points, and ensuring relevant evidence is prepared. Aimed at enhancing the quality of legal depositions, it provides insights into best practices for selecting witnesses and formulating deposition strategies.