California PMQ Depositions
California's Person Most Qualified (PMQ) depositions and federal FRCP 30(b)(6) depositions both enable organizational discovery but differ critically in procedure, admissibility, and strategic execution. While FRCP 30(b)(6) allows federal litigants to depose entities through designated representatives, California’s PMQ process operates under distinct state-specific rules that impact witness selection, testimony scope, and trial use. These depositions are also referred to as Person Most Knowledgeable or PMK Depositions.
1. Core Legal Frameworks
California PMQ (CCP § 2025.230)
- Notice Requirement: The deposition notice must describe topics with "reasonable particularity." The entity must then designate the "most qualified" person (officer, director, managing agent, or employee) to testify.
- Personal Knowledge Mandate: Unlike federal rules, California requires PMQs to testify based on personal knowledge for testimony to be admissible at trial.
- Entity Obligation: The PMQ must testify to information "known or reasonably available" to the organization, requiring thorough internal investigation.
Federal FRCP 30(b)(6)
- Binding Organizational Testimony: The designated witness represents the entity’s collective knowledge, not personal experience. Testimony binds the organization and can serve as admissions at trial.
- No "Most Knowledgeable" Requirement: Entities may designate any representative (e.g., a well-spoken employee over a technical expert), provided they’re educated on the topics.
- Preparation Standard: Organizations must make a "conscientious, good-faith effort" to prepare witnesses using documents, interviews, and internal data.
2. Critical Differences in Practice
Books for Lawyers on California PMQ Depositions
There are a number of books that help lawyers learn practical skills such as creating effective notices for California PMQ depositions, methods for taking these depositions, and preventing non-responsive answers:
30(b)(6): Deposing Corporations, Organizations & the Government
This book is a definitive guide to deposing business entities, organizations and governmental entities. The book provides an overview of each state's equivalent procedural rules, how they differ from FRCP 30(b)(6), and the applicable state court case law pertaining to these depositions including California's PMQ depositions. It is the only book solely focused on corporate representative depositions that fully develops the concepts necessary to master this area of practice.
The Deposition Handbook, 6th Edition
This is the definitive book on depositions of all varieties, written for lawyers in all areas of practice. Now in its 6th edition, the book has expanded to cover the new version of 30(b)(6) type depositions, video depositions, zoom depositions, and much more. Used by everyone from in house counsel for Fortune 500 companies, leading Big Law firms such as Jones Day and Susman Godfrey, and top tier law schools including Harvard Law School.
Additional books and videos for lawyers on 30(b)(6) can be found here.
Conclusion
California’s PMQ depositions prioritize witness expertise and personal knowledge, while FRCP 30(b)(6) emphasizes organizational accountability and strategic flexibility. Litigators must master state-specific nuances: California demands rigorous witness vetting for trial admissibility, whereas federal practice allows tactical witness selection to control discovery outcomes. For multi-jurisdictional cases, align deposition strategies with these divergent standards to avoid sanctions and maximize evidentiary impact.