Deposition Internal Protocols PDF

From Quota to Quality: Conducting Depositions with Clear Purpose Luis General 23 Dec 2024  Quality v. Quantity: Depositions with Clear Objectives Status Quo Some of us are noticing depositions without clear objectives Meeting a...

From Quota to Quality: Conducting Depositions with Clear Purpose Luis General 23 Dec 2024  Quality v. Quantity: Depositions with Clear Objectives Status Quo Some of us are noticing depositions without clear objectives Meeting a quota ≠ objective What Needs to Be Done? There needs to be a specific reason that we’re taking depos:  Every depo needs to have a purpose OR clear established goals—not simply to meet a quota  Plan the facts & soundbites that must be established through each deponent  Identify the documents that must be obtained Before Noticing a Deposition IDENTIFY:  The relevancy of each deponent's expected testimony → nexus  The specific objective you want to achieve for each deponent  What physical or documentary evidence will be produced through each witness; and  Whether there is any law that may render the testimony or other evidence inadmissible. Selecting the Best Witnesses/Deponents (Percipient) If several witnesses have perceived an event, select the best one or two. Factors:  Who best perceived the event;  Who has the best recollection of the facts surrounding the event;  Who has the best ability to communicate those facts;  How sincere or credible the witness is likely to appear to the judge or jury;  Whether effective impeachment material exists as to a particular witness;  Whether a particular witness was deposed;  How well the witness will stand up under cross-examination; and  Who will be available to testify. Organization as Deponent: PMK/PMQ Organization as Deponent  In a deposition notice / SP directed to a nonparty deponent, a party may name as the deponent a public or private corporation, partnership, association, or governmental agency  A deposition notice directed to an organization must designate with reasonable particularity the matters on which examination is requested Organization as Deponent  Obligation after service: designate and produce those of its officers, etc. who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent  Serving party no knowledge on who the particular person is, or no preference as to who testifies CCP § 2025.230 If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent. CCP § 2025.230 PMQ = Person Most Qualified PMK = Person Most Knowledgeable PMK/PMQ  PMQ – named in CCP § 2025.230 – “most qualified to testify”  PMK – usually associated w/ 2025.230 – “information known”  “Designation of persons to testify if deponent named not natural person” Officers Corporations, organizations, partnerships, Employees etc. Agents PMK = PMQ Interchangeable terms PMK: Deponent corporation must designate the person(s) who are most knowledgeable about the topics listed in the deposition notice PMK = PMQ PMK = PMQ PMK = PMQ BUT: 1. PMQ may be the person w/ highest rank / most authority 2. Can discuss the deposition matter on hand 3. May NOT have the most comprehensive knowledge about it When to Notice PMK Deposition? When to Notice PMK Deposition?  After having conducted significant written discovery and document reviews  After Set One at the earliest? How Many PMK Notices Per DEF Org? How Many PMK Notices Per DEF Org? § 2025.610. Subsequent depositions; When permitted  While you cannot take a subsequent deposition of the same natural person without good cause or court order, you can take depositions of different individuals designated as PMKs for different topics or areas of inquiry  Each notice must specify new or additional categories/topics that were not included in prior notices Identifying the PMK Depo Objectives Objectives of PMK Depositions 1. Discovery and Investigation 2. Advancing Case Themes 3. Locking in Positions 4. Trial Preparation 5. Negotiation and Settlement 6. Remedying Discovery Failures Identifying the PMK Depo Objectives 1. Discovery and Investigation Obtain new or clarifying information about procedures, incidents, corporate structures, and document searches (efforts undertaken re RFPs). Identify gaps in document production or other discovery. Identifying the PMK Depo Objectives 2. Advancing Case Themes → Elicit testimony that supports key themes or theories of the case (e.g., lack of safety protocols, negligence in communication). Identifying the Areas of Inquiry (PMK) 3. Locking in Positions Use the PMK deposition to pin the corporate defendant to specific positions, ensuring consistency at trial. Authenticate documents or establish foundational facts for trial. Identifying the Areas of Inquiry (PMK) 4. Trial Preparation Gather sound bites or key admissions to use during trial To undermine the credibility of opposing witnesses or reinforce your narrative Identifying the Areas of Inquiry (PMK) 5. Negotiation and Settlement Use information gained to strengthen your case for both pre- and post-mediation settlement discussions. Highlight weaknesses in the defense’s case to push for higher settlement offers. Identifying the Areas of Inquiry (PMK) 6. Remedying Discovery Failures Focus on document searches and production efforts to uncover overlooked or undisclosed materials. Use testimony about deficient discovery efforts to compel further production.  Deposition Internal Protocols Internal: Sharing of Live Depo Stream  Status quo:  Team members join depo live stream and share it with the team  10-15 people viewing depositions  Waste of resources Internal: Sharing of Live Depo Stream  To Implement:  Create GC for only the people involved in the depo:  Lit: Primary, Secondary, Doc  Pre-Lit: Primary, Doc, Demand, etc.  Share link in the smaller GC, not Lit Team Internal: Sharing of Live Depo Stream  For training purposes:  TMs can join the depo group  Must have training objective identified  Must have notes uploaded on FV entry Internal: Protocols re External Attorney  Nobody must know that we’re sharing depo video  Esp. external attorneys, and defense  ?¿? QUESTIONS ?¿? THANK YOU! ☺☺☺