From Quota to Quality: Conducting Depositions with Clear Purpose

Study Notes

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.

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.

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.

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.

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.

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

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.

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.

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.

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.