PMQ Depositions

PMQ Strategy Notes

• Purpose of PMQ Depositions: Used for discovery and advancing case themes. Corporations are required to designate the most qualified person to testify.

• Preparation is Key: Review all discovery documents, meet with experts, and understand deposition goals for each category.

• Deposition Strategies:

  • Start with foundational questions to establish the witness as the PMQ.
  • Use open-ended questions to encourage conversation.
  • Confront the witness with documents and policies.
  • Handle missing documents or evidence (e.g., surveillance footage) effectively.

• Videotaping: May be beneficial, but weigh the cost and effort against the potential benefits, especially in high-value cases.

• Follow-up: Use requests for admission to strengthen the record for trial.

• Notable Quotes:

  • "This is your chance to pin the corporation, which is your defendant into a position" - Nick Cohan
  • "If you crush a PMQ deposition, I immediately serve a notice to appear at trial with that person's name on it" - Nick Cohan
  • "These almost always have upside for you. Go in prepared like Ilia said..." - Casey Holton

• Recurring Themes:

  • Importance of thorough preparation and understanding the case file.
  • Strategy of using PMQ depositions to advance case themes and expose gaps.
  • Value of using open-ended questions and confronting witness with documents.

• Emerging Trends:

  • Increasing use of remote PMQ depositions and technology.
  • Importance of following up PMQ depositions with requests for admission.

Interview Dynamics

• Interview Flow Overview: Discussion begins with a broad overview of PMQ depositions and their purpose. Panelists then delve into specific strategies (e.g. handling missing evidence, using open-ended questions, confronting the witness with documents). The conversation concludes by shifting to post-deposition steps (requests for admission and video recordings).

• Question Analysis: The moderator's questions effectively guide the discussion, eliciting insights on PMQ depositions. The panelists demonstrate a deep understanding of the subject matter and provide practical advice.

• Context and Background: Discussion occurs in the context of the legal industry. PMQ depositions are a common tool in plaintiff's personal injury cases.

• Related Events: Panelists emphasized staying current on legal developments and benefiting from attorney experiences through resources like online forums.

Interview Content

• Best Practices for Preparing and Coaching Witnesses: Discussion on preparing and coaching the PMQ witness to ensure accurate testimony. Focus on providing witnesses with all relevant information and ensuring clarity regarding their role as PMQ.

• Leveraging PMQ Dep: The Unrelated Evidence How attorneys can leverage the deposition to unearth information outside the scope of the initial notification. This includes highlighting potential weaknesses in the defendant's case or uncovering new evidence.

• Managing Multiple PMQ Witnesses/Scope Limitation: Strategies for navigating cases with multiple PMQs or attempts to limit the scope of the deposition.

• Important Considerations for PMQ: Key discussion on the importance of establishing the role of the witness, the nature of the case, and exploring potential motivations of the deponent. Highlighting the witness' role as the most qualified person.

• Importance of Documents: Discussions on effectively handling missing documents and evidence during a PMQ deposition to uncover inconsistencies.

• Significance of PMQ Discussions: This highlighted the importance and value PMQ depositions have in the legal process and their significance in specific legal areas.

• Potential Impact of PMQ Discussions and strategies have potential to significantly impact the case resolution process. This section emphasized the practical application of advice.

Dive into the essentials of case management in depositions with a focus on PMQ (Person Most Qualified) depositions. This quiz explores their purpose, techniques for questioning, and the obligations involved during these legal proceedings. Test your understanding of the strategic elements that contribute to effective deposition processes.