PMQ Depositions

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Questions and Answers

PMK and PMQ are interchangeable terms.

True

What technique is valuable when questioning witnesses during depositions?

Refraining from using any documents

Focusing on short, yes/no questions

Using open-ended questions and presenting documents (correct)

Avoiding discussions about policies

What is the obligation of the other side when a PMQ deposition notice is issued?

To provide an immediate written response

To prepare an extensive report

To find the most qualified person to testify (correct)

To ignore the notice until requested

Which of the following is NOT a reason given for the importance of PMQ depositions?

Reducing court costs Signup and view all the answers

Which tactic is recommended to begin a PMQ deposition?

Starting with foundational questions on the witness's role as PMQ. Signup and view all the answers

What key element should be included in the preparation for a PMQ deposition?

Meeting with experts and reviewing discovery documents. Signup and view all the answers

What should be considered when drafting a PMQ deposition notice?

Identify the areas where expert testimony is needed Signup and view all the answers

What does the interview flow typically begin with during PMQ depositions?

A general overview of PMQ depositions Signup and view all the answers

What responsibility does the deponent have regarding the PMQ deposition?

They must actively gather information and documents Signup and view all the answers

What should an attorney focus on at the end of a PMQ deposition?

Confronting the witness with relevant documents and policies. Signup and view all the answers

How can depositions help in advancing case themes?

By securing evidence and clarity on procedures Signup and view all the answers

In what situations are PMQ depositions especially useful?

In exploratory or fishing contexts. Signup and view all the answers

What initial step is suggested before issuing a PMQ deposition notice?

F. B and D only Signup and view all the answers

What should deponents be prepared to discuss during a PMQ deposition?

The areas identified in the deposition notice. Signup and view all the answers

Which approach helps in determining what you want the deponent to say?

Clearly defining your objectives before the deposition. Signup and view all the answers

What is a crucial step to take before a PMQ deposition?

Conduct significant written discovery Signup and view all the answers

What is recommended to ask the witnesses regarding documents?

What efforts they made to find the requested documents Signup and view all the answers

During depositions, what commonly happens with document access?

Some necessary documents might not be shared until right before Signup and view all the answers

What is one of the primary reasons for taking a PMK deposition?

To push the case forward after mediation. Signup and view all the answers

What advantage does a PMK deposition offer when discovery has been delayed?

It requires less time before the discovery cutoff. Signup and view all the answers

What limitation exists regarding the categories that can be listed for a PMK deposition?

There is no cap on the number of categories listed. Signup and view all the answers

What is the primary purpose of PMQ depositions?

To advance case themes and gather discovery. Signup and view all the answers

Study Notes

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.

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Description

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.