PMQ Depo Notes PDF

6:30-8:30 pmk strategy, reason 12:00 Searches for docs 21:00 Goals of Depo PMK  What do you want the deponent to say, and how do you get them to say it? Know what your goal is: - Are there categories that you genuinely need info? Soundbites? - Exploratory? Fishing? Es...

6:30-8:30 pmk strategy, reason 12:00 Searches for docs 21:00 Goals of Depo PMK  What do you want the deponent to say, and how do you get them to say it? Know what your goal is: - Are there categories that you genuinely need info? Soundbites? - Exploratory? Fishing? Esp for PMKs - Here is the detailed analysis of the transcript: **General Overview** **Conversation Summary**: The transcript covers a discussion on person most qualified (PMQ) depositions, including the purpose, preparation, and strategies for conducting these depositions effectively. [[\[08:55\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=535.56) The panelists share their experiences and provide practical tips for lawyers to get the most out of PMQ depositions. **Interviewee Background**: The panelists are all experienced trial attorneys who have extensive experience with PMQ depositions. [[\[08:55\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=535.56) They include Casey Holton, Nick Cohan, and Ilya Frans. [[\[03:00\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=180.97) **Key Points** - PMQ depositions are an important tool for discovery and advancing case themes, as the corporation is required to designate the person most qualified to testify on the areas identified in the deposition notice. [[\[06:06\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=366.02) - Proper preparation is key, including reviewing all discovery documents, meeting with experts, and having a clear understanding of the goals for each category of the deposition. [[\[29:39\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=1779.6) - Strategies for the deposition include starting with foundational questions to establish the witness as the PMQ, using open-ended questions to get the witness talking, and confronting the witness with documents and policies at the end. [[\[06:06\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=366.02) - Handling missing documents or evidence, such as surveillance footage, can be a powerful way to expose gaps in the defendant\'s investigation and preparation. [[\[53:50\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3230.19) - Videotaping the deposition can be beneficial, especially for high-value cases, but the cost and effort involved must be weighed against the potential benefits. [[\[54:59\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3299.4) - Following up the PMQ deposition with requests for admission can help lock in the witness\'s statements and create a stronger record for trial. **Notable Quotes** \"This is your chance to pin the corporation, which is your defendant into a position.\" - Nick Cohan ([[14:32]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=872)) [[\[38:15\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=2295.99) \"If you crush a PMQ deposition, I immediately serve a notice to appear at trial with that person\'s name on it, even if we\'re a year out of trial.\" - Nick Cohan ([[01:07:01]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=4021)) [[\[11:10\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=670.65) \"These almost always have upside for you. Go in prepared like Ilia said, have the curiosity like Nick said, and just go have fun. [[\[01:09:59\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=4199.51) These are fun.\" - Casey Holton ([[01:09:51]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=4191)) **Kicker Quotes** \"These are fun. You got some guy at Costco who you didn\'t know. He\'s just there and just have a good time. He\'s just a guy.\" - Casey Holton ([[01:10:18]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=4218)) [[\[02:53\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=173.13) **Detailed Insights** **Main Arguments** 1. PMQ depositions are a powerful tool for discovery and advancing case themes ([[07:11]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=431), [[14:32]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=872)). 2. Proper preparation is crucial, including reviewing all documents, meeting with experts, and having a clear understanding of the goals for each category ([[16:02]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=962), [[20:58]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=1258)). 3. Strategies for the deposition include starting with foundational questions, using open-ended questions, and confronting the witness with documents and policies ([[38:00]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=2280), [[44:42]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=2682)). [[\[06:06\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=366.02) 4. Handling missing evidence can be a powerful way to expose gaps in the defendant\'s investigation and preparation ([[46:34]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=2794)). 5. Videotaping the deposition can be beneficial, but the cost and effort involved must be weighed against the potential benefits ([[56:04]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3364)). [[\[54:59\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3299.4) 6. Following up the PMQ deposition with requests for admission can help lock in the witness\'s statements and create a stronger record for trial ([[01:06:36]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3996)). **Supporting Evidence** - The panelists share examples of successful PMQ depositions where they were able to expose gaps in the defendant\'s preparation and investigation ([[46:34]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=2794), [[54:54]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3294)). - They discuss the importance of preparing with experts and having a clear understanding of the goals for each category of the deposition ([[16:02]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=962), [[20:58]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=1258)). - The panelists provide specific strategies for conducting the deposition, such as starting with foundational questions, using open-ended questions, and confronting the witness with documents and policies ([[38:00]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=2280), [[44:42]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=2682)). [[\[06:06\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=366.02) - They discuss the practical considerations of videotaping the deposition, including the cost and effort involved ([[56:04]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3364)). - The panelists explain the benefits of following up the PMQ deposition with requests for admission to lock in the witness\'s statements ([[01:06:36]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3996)). [[\[08:55\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=535.56) **Themes and Trends** **Recurring Themes** - The importance of thorough preparation and understanding the case file ([[16:02]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=962), [[20:58]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=1258)) - The strategic use of PMQ depositions to advance case themes and expose gaps in the defendant\'s investigation ([[14:32]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=872), [[46:34]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=2794)) - The value of using open-ended questions and confronting the witness with documents and policies ([[38:00]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=2280), [[44:42]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=2682)) **Emerging Trends** - The increasing use of remote depositions and the role of technology in facilitating these depositions ([[56:04]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3364)) [[\[56:17\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3377.46) - The importance of following up PMQ depositions with requests for admission to strengthen the record for trial ([[01:06:36]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3996)) [[\[07:11\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=431.45) **Interview Dynamics** **Interview Flow** The discussion starts with a general overview of PMQ depositions, including the purpose and expectations. [[\[05:51\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=351.7) The panelists then dive into specific strategies and considerations for preparing and conducting these depositions, including handling missing evidence, using open-ended questions, and confronting the witness with documents. The conversation then shifts to the post-deposition steps, such as following up with requests for admission and the use of video recordings. [[\[53:36\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=3216.75) **Question Analysis** The questions asked by the moderator (Julie) effectively guide the discussion and elicit valuable insights from the panelists. The questions cover a range of topics, from the basics of PMQ depositions to more advanced strategies and considerations. The panelists demonstrate a deep understanding of the subject matter and provide practical, experience-based advice. [[\[21:59\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=1319.71) **Context and Background** **Contextual Information** The discussion takes place in the context of the legal industry, where PMQ depositions are a common tool used by plaintiff\'s attorneys in personal injury and other civil cases. The panelists draw on their extensive experience in this area to share their insights and strategies. [[\[21:58\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=1318.69) **Related Events** The panelists mention the importance of staying up-to-date on relevant case law and legal developments, as well as the value of learning from the experiences of other attorneys through resources like Slack and deposition transcripts. [[\[29:16\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=1756.95) **Potential Impact** The insights and strategies shared by the panelists have the potential to significantly impact the effectiveness of PMQ depositions for plaintiff\'s attorneys, leading to better outcomes for their clients and more successful case resolutions. [[\[12:48\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=768.85) **Follow-Up Questions [[\[16:21\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=981.98)** - How can attorneys effectively manage the logistics of remote PMQ depositions, such as document sharing and exhibit handling? [[\[08:59\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=539.67) - What are some best practices for preparing and coaching a PMQ witness to ensure they are well-informed and able to provide effective testimony? [[\[08:51\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=531.08) - How can attorneys leverage the PMQ deposition to gather information and evidence that may not be directly related to the specific categories in the deposition notice? - What are some creative ways that attorneys can use the PMQ deposition to undermine the defendant\'s credibility or expose weaknesses in their case? [[\[12:48\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=768.85) - How can attorneys effectively navigate situations where the defendant designates multiple PMQ witnesses or attempts to limit the scope of the deposition? [[\[06:06\]]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw/summary?ts=366.02) Speaker 1 ([[00:07]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=7.35)): All right. Good morning. Good morning everybody. Looks like we had about up to 20 folks in the waiting room already, so I like to give it a few minutes while y\'all trickle in. I told our panelists I like to slow roll the introductions because if you are like me, I scramble in the last five minutes before and after meetings probably looking for links. So looks like most people are getting online successfully, which is very exciting. So welcome everybody. Thank you for spending your lovely Tuesday morning with us or unless you\'re over in Central Time or Eastern Afternoon. If you have not yet attended a Justice HQ webinar in the past, welcome. It\'s very casual over here. You can say hello in the little chat. Welcome our panelists here that I\'ll introduce in a second and just let us know what you want to learn today. ([[01:01]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=61.84))\ Going to today for Justice hq, our webinars are accredited in the state of California. So if you are here and you are attending live, congratulations, you will be issued up to one hour of a general credit. If you are in another jurisdiction and you\'re looking to get credits, send us an email at events\@justicehq.com. We are working on getting accredited in more states and I know they are different no matter where you\'re going. Everything\'s always different here in the legal industry. I wish they had a national kind of accreditation, but they make it difficult for us. But if you\'re looking for specific jurisdiction, do let me know. Sometimes we can apply for one-off sessions and get this accredited for you. So today we are learning about person most qualified depositions, pqs. Typically for JHQ programming, I like to lurk the slack channels and see frequently asked questions what people are always chatting about. ([[01:57]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=117.9))\ And this comes up pretty frequently and he has for about a year and a half, which is when I\'ve been hounding the panel to kind of do this and trying to land on a good date for us. So today we are going to learn all about it. With today we have three beautiful smiling Justice HQ members who volunteered to host today. If you have not yet met them in person or connected with them online, they\'re beautiful, wonderful people, very kind, always willing to help. We\'re very excited to have them here with us today. Going in order of who I see on my screen here, we have the always wonderful Casey Holton. Casey is the founder and lead trial attorney at Holton Law PC where her focus is primarily on complex catastrophic injury and wrongful death cases. She\'s also our resident traveling trial attorney. She\'s also very into women\'s sports in particular soccer. ([[02:53]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=173.13))\ She\'s a lot of cool stuff on social media and she\'s got three pugs. So if you\'re into any of those things, feel free to connect with Casey after this. Next up on my screen, we have got Mr. Nick Cohan, our Orange County Boy. He is a founding partner and trial attorney at Cohan and baby of injury attorneys. And prior to founding the firm, Nick was on the defense side, so he has a little bit more intel than others on taking depositions and what that looks like. But he has also hosted another webinar, I think with Ryan Conger on depositions for us about maybe two years ago. That\'s somewhere in the video library still holds true still one of our more popular webinars that people rewatch. Rewatch, excuse me. So go ahead and check that out if you like what you\'re hearing from Nick today. And last but not least, we have Mr. ([[03:44]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=224.14))\ IA Frans. He is a partner with Glean Fry fitting and Frans and has served as lead trial counsel litigating cases in both state and federal court in the state of California. He and his firm focuses on personal injury insurance, bad faith, wrongful death, contract disputes and business law. So welcome. We have two friends in the north joining us with Ilya and Casey, which is a rare viewing. And then we\'ve got Nick down in southern California. So welcome to the panel. We\'re so glad you\'re here. Welcome to all the attendees. Like I said, very casual webinar. Drop those questions in the chat box before I hand it over. Just as a side note, you\'ll get an email from me after this with your certificate of attendance. Reach out if you don\'t receive it or have questions. That link will also have this PowerPoint, so should have everything you need following this. So whoever is kicking it off on y\'all\'s end, go ahead and kick it off. I\'m going to turn my camera off. I\'m going to mute myself, but I will be here lurking, answering things where I can and helping throughout the next hour. So friends, go ahead and take it away. Speaker 2 ([[04:54]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=294.64)): Thank you, Julie. I don\'t know if everyone can see on their screen, but I can\'t see how many people have taken PMQ depositions before or have maybe never taken one ever before. I\'m Speaker 1 ([[05:07]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=307.03)): Going to run that poll right now, Ilya, so you don\'t see it because I didn\'t do it yet. We have a poll around a little question. Speaker 2 ([[05:13]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=313.12)): Okay, so that\'s a question for everybody that we\'re going to ask you. I think we\'re all really excited about this topic. It can be a very dense topic. We\'ve all been to so many seminars where we\'ve heard people talk about this and it\'s incredibly important and it\'s incredibly important for a number of reasons. One, finding out information and discovery and also using these PMQ depositions to advance your case themes or to nail down the other side about procedures, protocol safety, all sorts of different things. So the way we\'re going to do it is we have a PowerPoint. We\'re definitely not going to be cemented to this PowerPoint. Part of this is going to be talking about us. We may have different opinions, we may not, we\'ll see how it goes, but we\'re going to start first with just kind of the basic understanding of what it means to have a PMQ deposition and what\'s expected. ([[06:06]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=366.02))\ So once you notice a PMQ deposition, the other side has to identify people who are most qualified to testify on the areas that you identify in your deposition notice. So from the very beginning, you have to use a little bit of forethought when you\'re starting to think about what depositions do I want to take, what information do I want to get? And come up with a list of the different areas that you want to find someone who can talk to you about the case and educate you about the case. And once you send out that deposition, notice the other side. They have to find the person that is most qualified to talk about those particular areas. So they have the obligation to choose the right person to testify on its behalf. And it\'s not something that is a passive responsibility from the deponent. The deponent actually has to do stuff. ([[06:59]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=419.6))\ They actually have to take the time to find out information that\'s responsive and to inform themselves to talk to people and to get documents that you\'re requesting. So when you\'re sending out these deposition notices, I think it can be easy just to say, I just need PMQ on the incident or a pm q on procedures or protocols. And I think you need to be a little more strategic about what information you want and who do you want to be talking to and use it also to find out what documents are out there that haven\'t already been produced. And I think, I\'m sure I can speak on behalf of all three of us. How many times have we gone to these PMQ depositions and they give us all these documents that they have previously given us? We\'re seeing \'em for the first time, we\'re ready to begin. ([[07:49]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=469.52))\ Oh, by the way, we\'d like to maybe five minutes before or even during when we used to do these in person, here\'s a stack of all the documents that\'s responsive to your deposition notice, which we\'ll talk a little bit about. So I\'m going to try to breeze through some of the basic stuff to get into the meat and potatoes. But again, the pm q has to look for the documents that you\'re asking for. And part of what we\'re going to talk about is you have to ask them what efforts they took to learn about information you\'re looking to talk about, or if you\'re looking for documents, what did they do to find those documents that you\'re asking for? So that\'s pretty much the basics. I\'m going to turn it over to Nick and Nick\'s going to talk about considerations before the PM MQ deposition. And again, we have this up in the background, but we\'re not necessarily going to be submitted to it. So thank you Nick. Speaker 3 ([[08:46]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=526.76)): Yeah, so thank you for the handoff. Again, fire away. Questions whenever you feel like it. So considerations before the pmq. I mean, I think the context of it all is very important. By the time I\'m taking a PM MQ deposition, I have most of my bullets in my gun. I\'ve conducted significant written discovery, I\'ve reviewed documents I, there\'s nothing that we can do as lawyers when the defense drop some document on us last minute. And trust me as a defense attorney, I did it often that the witness would show up in my office the morning of the depo. I found this document and you produce it. But I think it\'s really important. It\'s something that I preach here at my firm is being extremely prepared for these depositions. You\'ve done your written discovery, you\'ve asked for all the documents, you kind of know where you\'re going. In addition, I think, well, let\'s go to the next slide please. ([[09:52]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=592.41))\ So I can\'t talk about considerations until we get to the last slide. So this is just some kind of law and general how to be specific, how to obtain documents. Of course you can ask for more documents or even the same documents and extremely important because it allows you to lock them in. Can you go to the next slide please? So I think this question, it\'s important to address first, why are you taking the PMK deposition? You\'re going to have multiple reasons why. Usually maybe you\'ve already mediated the case and you need something to push your case along a change of event to get the defense to come back. But look at these five different reasons why discovery. You\'re always trying to do investigation and figure things out. You\'re constantly trying to advance your themes of the case and lay the foundation for your case, understanding the corporate structure and hierarchy. I recently had a case against Lyft where we were diving into into the corporate structure of Lyft and it made them very uncomfortable. Casey Aila, do you want anything you want to add to this slide? Speaker 4 ([[11:07]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=667.89)): Yeah, so I\'ll say one of my favorite. There\'s a couple of different reasons I might take a PMQ depo, why you might do \'em at different stages. I\'m going to throw this out there and tell you this is not best practices, but if you get a case file late and the ball has been dropped on all discovery, this bad boy is your best friend. So you can notice one of these because obviously if you\'re going to propound written discovery, you need 30 days before the discovery cutoff to do that. Well, you need a lot less time for a depo notice. So if you have a real oh shit moment, this is my favorite thing to do is a pm q notice and I will go through all of the categories that I may need. Yes, you\'re only allowed to take 1:00 PM MQ deposition. Marcy, I see your question there. ([[11:48]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=708.57))\ There\'s only one per defendant. They can separate them out. There\'s no cap on the number categories that you can list. So you can list anything under the sun that you want to talk to them about and they might tell you, Hey, we have one person for this set. We have one person for another set. One of my absolute favorite categories to include when we talk about PMQ depos, and you should do it on every single case, always include a category about searches for responsive documents earlier in the case. So it\'s not just about the categories that are on the PMQ notice itself, but all the discovery that got done earlier. The reason I like to do that is because if you\'ve got a defendant who\'s been stiffing you and then you get somebody into a depo and they can\'t tell you what search terms they use to go through email, what different databases they went through have they looked at X, Y, and Z? ([[12:36]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=756.97))\ And you can go through and be very prepared and specific about what types of searches they should have done. Those sound bites don\'t go well with a judge. So it\'s a really powerful way to have a strong motion to compel and get more documents later. And I\'ve used that. That\'s probably the biggest thing I get out of any PMQ deposition. And I use it to settle cases because then there\'s a very large production where I get stuff that\'s actually helpful to me. So you can do a lot of that. And then there\'s just a lot of other considerations for trial that we\'ll talk more about. But there world\'s your oyster here. There\'s no bad way to take a P MQ depo other than not to take it really. I mean, well there\'s suboptimal ways, but you can always get something out of these. Speaker 3 ([[13:17]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=797.02)): And I think it\'s an important place to add and we get to it later, but remember A PMK deposition is PMQ deposition is much different than the individual deposition. And a lot of times the defendant will try to get you on the record to agree. And again we\'ll touch on it later is remember what you\'re doing. We cannot take the deposition of the corporation because the corporation isn\'t a human, but the law is that this is your deposition of the corporation. So when you\'re trying to figure out why do we need it, this is your chance to pin the corporation, which is your defendant into a position. As far as when and how, look, I love these after mediation, I\'d really try to get a case into mediation before taking them. I\'m a firm believer that if there\'s a gap at mediation, and there usually is between what we think the case is worth, what the defense is willing to pay, this is an event that you can get some great sound bites to go listen, defense lawyer like I just wrote your report for you. Your guy said X, Y, z, it\'s really dumb. It\'s going to look great for me in front of a jury. Go get that extra 50 grand, 500 grand, whatever the number is to try to seal the deal in your case. Speaker 2 ([[14:32]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=872.74)): Yeah, and I was just going to add to what Nick and Casey said. I think that whenever you have these depositions, you need to be deliberate in what you want to do. If you are looking at them as I\'m just going to find out what the corporate structure and hierarchy, I think that\'s important, or if I want to talk to someone who could tell me about this particular document, that\'s great too. But you also have a chance to start laying the foundation for your case and also advancing themes for your case. So if you have a situation where you think that an incident happened because there was poor communication on a construction site, well this is your chance to start talking about that, to find out what are the means of communication and what is supposed to happen and what are your procedures and protocols, and this is the voice of the corporate entity or whatever entity it is. So pin them down, this is your chance to do that. And we\'re going to talk about it too when we prepare for things. But part of it is knowing the file inside and out because most of the time they have not, the deponent has not done as much of the work as you have, haven\'t reviewed all the same documents. So it\'s a real opportunity for you to make some headway on a case. Speaker 1 ([[15:37]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=937.49)): We Speaker 2 ([[15:37]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=937.55)): Have a question? Speaker 1 ([[15:38]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=938.75)): Yeah, before y\'all move on, I had a perhaps noob question as the non-attorney, just in case somebody else is thinking it and didn\'t want to raise their hand. I\'ve heard people say PMK and PMQ, is there a technical difference or is that the same thing, qualified and knowledgeable? Speaker 3 ([[15:58]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=958.22)): Let\'s let Casey take that question. I think she\'s dying for it. Speaker 4 ([[16:02]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=962.24)): Oh no. I mean I don\'t care. There\'s not really, right. I mean one code section says that the federal code section is another. These words get tossed around interchangeably in practice they don\'t. It does not matter. It is the same concept. So you\'re fine. Don\'t let anybody, you are understood if you say it\'s the same thing. So you\'re good. Speaker 3 ([[16:21]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=981.98)): So we have some questions. I\'ll address \'em. First is from CT Turner Lewis, how do you deal with the poor answers in the discovery search PMQ into further better production? Assuming motion to compel deadlines are long passed, part of the PMQ deposition and what IA just is, they haven\'t went through is their duty to investigate. So a powerful tool is not, is suspending the deposition, not concluding it and saying, look, counsel, clearly there\'s documents missing. Clearly this isn\'t the person most knowledgeable or person most qualified. We\'ll get to kind of that a little bit later and you then meet and confer with them afterwards and you have the ability to go back and ask further questions. Speaker 4 ([[17:11]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1031.84)): Some Speaker 3 ([[17:11]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1031.94)): Other questions here. Speaker 4 ([[17:13]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1033.31)): Sorry Nick. I was going to say I understood this question a little bit differently. I understood this more. If you ask the questions that I was suggesting about the earlier discovery search and you no longer have timing to do the motion to compel, I try it anyway. I go ahead, go in ex parte, go in and file it. Do whatever you\'ve got to do to try to get a motion heard after the cutoff has gone. There\'s very ticky tacky procedure on what you have to notice to do that. I\'m happy to share that with anybody who needs it because as you all know, I come into suboptimal situations a lot, so I know how to clean up messes real nice. You can still do it. And generally speaking, a judge will give you some leeway here. If all of a sudden you\'ve got a soundbite that says, your Honor, they didn\'t even actually search for these documents. ([[17:59]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1079.04))\ We knew we have verifications, we have all of this information. How are we supposed to know this? And we just now found out that their search wasn\'t enough. You will win that a lot of the time. And in fact, what you\'ll find is a lot of the time folks will work with you on it too on the defense because they know that\'s not going to look good for them in front of a judge. You\'ve also got some other remedies closer into trial in terms of notices to appear that are a little creative that you could do there as well. But yeah, you got some options. Speaker 3 ([[18:32]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1112.13)): The other thing, just to add to what Casey said is if you include the document requests in your deposition, notice it restarts the clock. So the 45 day window on the first, the 45 day window on the first document request that you initially served, that\'s jurisdictional. When that\'s done, you\'re toast. But if you include it in your deposition notice, which the law allows you to do now you\'ve opened it up again and that\'s how you get these soundbites in. And then the judge literally just looks at defense counsel and says, counsel, this is what the person said. You didn\'t look for the documents and what\'s the lawyer going to do? It often makes them look really bad. Sean has another question. This is about they will, the soft language that the defense says, defendant will endeavor to produce an individual to testify regarding this category. ([[19:23]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1163.94))\ I don\'t know if I\'m unique in this and I\'m interested to hear what Casey and Ilia have to say. As long as they don\'t tell me they\'re not producing anyone, I don\'t care what their objections say because I\'m going to get a person in the seat and I\'m going to get them to say, you\'re being produced under this topic. And usually they say yes and then the rare chance that they look at defense counsel. If defense counsel doesn\'t say yes, well then now I have a motion and now I have a way to go. But the defense attorney\'s not going to say no unless they say it in the deposition notice. So to answer your question, I wouldn\'t push it. Well, you say also objections were sent the day before the deposition. So those objections are waived first of all because it\'s three days before. But more importantly on a subject matter, no, I don\'t push it. I explore the lack of person or the lack of their knowledge and we\'ll get to it later as to why their lack of knowledge actually helps me. Speaker 2 ([[20:22]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1222.89)): And I think what Nick says too, just if you get the person in the chair, that\'s your chance to start asking the questions of what they\'re being produced for. And you understand we do talk about it later. We will hopefully talk about it later, but laying those foundational questions of why it\'s important they understand that they\'re being produced as a pm q and what that means. And if they answer yes to all those questions, then you just move on. You don\'t have to worry about all these objections. Yeah, Speaker 4 ([[20:48]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1248.22)): I don\'t disagree with any of that. Speaker 3 ([[20:50]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1250.47)): I think we could move to the next topic. I hit mine too. Whoever\'s next. Casey, you\'re up next. Speaker 4 ([[20:58]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1258.45)): Alright, so how are we going to prepare for the person most knowledgeable or person most qualified deposition? And this depends a little bit on how early in the case you\'re doing this or at what stage, go through all of your discovery documents. I think that\'s pretty basic, but seriously here, do that and then look for little layups you can get just to authenticate stuff and make your life easier for trial. I think I do a lot of public entity cases and this PMQ deposition is a really nice time sometimes to authenticate your Google images, things like that that you would want to use at trial and make it a little bit less onerous with trying to get a request for judicial notice done through Google and all of that. You can get those through your PMQ depos by showing up with all your Google image printouts that you might want to use at trial or that your expert\'s going to need and get them to admit they rely on this type of stuff with their own work for the city and that they generally find Google images to be reliable. ([[21:55]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1315.27))\ You can get some really good soundbites there. Meeting with your experts. I think this is a very underutilized tool. Your expert is there to help you. It\'s not just about giving \'em a pile of crap and then getting a report back later. Especially if it\'s an industry I\'m not particularly familiar with. I will often schedule a call with an expert for an hour of their time just to go through what types of questions I should be asking, what things in the category. I actually, I will usually design the PMM Q notice with an expert if it\'s an industry where I\'m not as knowledgeable. And I\'ll get the verbiage down and we\'ll kind of just talk through ideas so that I don\'t find myself tripping up on using the right words in the depo. And if that does happen to you, that\'s okay too. The very first deposition I ever took was actually a PMQ DE back in my big law life and it was a music publishing depo and I did not know the words well at all. ([[22:47]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1367.56))\ And so I did a lot of, here\'s a question that was poorly phrased and the witness says, are you meaning to ask me this? And then phrased it well and then I would reask the question the witness had said back to me. So if you\'re nice to people, people help you out. But I was also a 25-year-old woman, so I think that did help me get some favor back from the witness. I think they felt a little bit bad for me there, but that\'s all right if you\'re just friendly and a little, I don\'t know this, I\'m a little out of my depth that it seems genuine. You can get some help there. What do you want the PMQ to say and how do you get them to say it? Just keeping that framework in mind here. Are there categories where you genuinely need information and you want a certain soundbite? ([[23:29]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1409.38))\ Is that a target or is it really more exploratory? Know what your goal is and that goal can be different on different categories. There are some parts of PMQ Depo where I am blatantly phishing. There are other parts where I know I\'m coming in here to get something that I can play at trial or maybe when I go back and review the other depositions that have been taken, is there something in my mind that I know where I can create a contradiction? Things like that that I can potentially build out I think are really, really helpful. So it can be, you don\'t have to have just one goal. It doesn\'t just have to be advancing case themes. It doesn\'t just have to be discovery. You can do it different ways, but I also just think really giving yourself that lay of the land in full again and rereading everything for this gives you the best opportunity to be flexible at the deposition and know how am I building my board for trial and what different things can I do here? ([[24:29]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1469.21))\ Okay, so same kind of deal. What are we missing here? Going through again, the production you\'ve already had going through when they then produce everything. If you have a buddy and they drop documents on you, if you have a buddy that\'s great to have somebody else go look through that. If you don\'t, then just remember it\'s your show at the end of the day and if you need to pause, if stop for 30 minutes to go look through their documents, stop for 30 minutes and go look through their documents. You can take a long break to do. How do you get them to say it? Just keeping that framework in mind here. Are there categories where you genuinely need information and you want a certain soundbite? Is that a target or is it really more exploratory? Know what your goal is and that goal can be different on different categories. ([[25:17]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1517.12))\ There are some parts of a PMQ depo where I am blatantly fishing. There are other parts where I know I\'m coming in here to get something that I can play at trial or maybe when I go back and review the other depositions that have been taken, is there target or is it really more exploratory? Know what your goal is and that goal can be different on different categories. There are some parts of a PMQ depo where I am blatantly phishing. There are other parts where I know I\'m coming in here to get something that I can play at trial. Or maybe when I go back and review the other depositions that have been taken, is there something in my mind that I know where I can create a contradiction? Things like that that I can potentially build out I think are really, really helpful. So target or is it really more exploratory? ([[26:03]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1563.19))\ Know what your goal is and that goal can be different on different categories. There are some parts of PMQ Depo where I am blatantly phishing. There are other parts where I know I\'m coming in here to get something that I can play at trial. Or maybe when I go back and review the other depositions that have been taken, is there something in my mind that I know where I can create a contradiction? Things like that that I can potentially build out I think are really, really helpful. So target or is it really more exploratory? Know what your goal is and that goal can be different on different categories. There are some parts of PMQ Depo where I am blatantly fishing. There are other parts where I know I\'m coming in here to get something that I can play at trial. Or maybe when I go back and review the other depositions that have been taken, is there something in my mind that I know where I can create a contradiction? Things like that that I can potentially build out I think are really, really helpful. So it can be, you don\'t have to have just one goal. It doesn\'t just have to be advancing case themes. It doesn\'t just have to be discovery. You can do it different ways, but I also just think really giving yourself that lay of the land in full again and rereading everything for this gives you the best opportunity to be flexible at the deposition and know how am I building my board for trial and what different things can I do here? ([[27:29]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1649.25))\ Okay, so Sam, but that\'s alright if you\'re just friendly and a little, I don\'t know this, I\'m a little out of my depth and it seems genuine. You can get some help there. What do you want the PMM Q to say and I\'m kind of deal what are we missing here? Going through again, the production you\'ve already had going through when they then produce everything. If you have a buddy and they drop documents on you, if you have a buddy that\'s great to have somebody else go look through that. If you don\'t, then just remember it\'s your show at the end of the day. And if you need to pause, if need to stop for 30 minutes to go look through their documents, stop for 30 minutes and go look through their documents. You can take a long break to do it. Casey, Speaker 2 ([[28:11]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1691.43)): Can I just jump in because this happened to me at my first PMQ deposition. Exactly what Casey said is we started, the defense produced this gigantic stack of papers and it never happened to me before. So I said, okay, we need to take a break. And I went, thankfully I had a good mentor. And he goes, yeah, if they did that, just tell \'em you\'re going to take a break for 45 minutes to an hour because they\'re giving it to you right now. And I said, I can do that. He goes, yeah, it\'s your deposition. And that\'s exactly what we did. Of course now I think a good practice pointer is because this has happened so many times, I will email the other side two or three days before the deposition say, Hey, if you have any documents and you want your guy or gal to get out of here quick, give those documents to me now so that I don\'t take a break for an hour to review them. It\'s all to do in the best interest of your client. ([[28:59]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1739.79))\ And they do because it\'s usually a reminder they have a million other things going on and they\'ll send me, oh yeah, here are all the documents that I was going to produce the day of. So that\'s a little practice pointer. And one other thought, Casey to what you were saying is I\'ve been in those depositions too where you don\'t know the lingo, you don\'t know the medical terms. I had a malpractice case and I kept referring to something with the wrong acronym. And yeah, look, it happens, but utilize your expert to educate you so that you are able to not only seem prepared and educated with the deponent, but you also want to have a clear record so you\'re not referring to something by the wrong term or incorrectly or improperly. And I think that that\'s one understated thing and then I\'ll stop talking is the preparation. Really take the time to prepare for these, speak with your expert, understand the lingo, know all the documents. I think that can\'t be understated. Speaker 3 ([[29:54]](https://www.rev.com/app/transcript/Njc2NWE4YzQxZGI2ZTY0NzQwZGI3YWQ0OHhOd295LTdLSktW/o/VEMwNzQ5NDAxNjIw?ts=1794.25)): Yeah, the only thing I would add to this is I make sure that I\'m doing all my doc requests before the deposition. Not necessarily I do it in the notice just to be thorough, but I don\'t review it in the depo. If they show up with records on the day of the depo, I say, I\'m suspending the deposition and we\'ll do it again. And the defense attorney usually has a meltdown on the record, but it\'s my depo and they gave me the documents then when I probably requested it months ago in my initial discovery. But if you don\'t want to do that, you don\'t want to do that fight. Yeah, take a break. And I think Casey\'s point with everything, with any depot expert, non-expert percipient, PMQ, it\'s your show. And I often read depositions where the lawyers get kind of bullied around. It\'s your notice, it\'s your money, you do exactly what you want, take a two hour break, go to the bathroom, suspend it, do whatever you need.