Exhibit Handling at Remote Depositions

January 11, 2021 6:28 pm Published by Leave your thoughts

As the COVID-19 pandemic continues, remote depositions are prevalent. This requires attorneys and court reporters to become adept at handling exhibits for remote depositions in Phoenix, AZ. Understanding how to use technology to simulate in-person courtroom or pre-trial procedures is “the new normal.” If you’re coming up on your first remote deposition or just need electronic exhibit tips, read on.

Decide how you’ll present exhibits

You can either give your exhibits to opposing counsel before the day of the deposition, or wait until the deposition itself. Decide how you’re going to handle the exhibits well in advance so you can fine-tune any technological issues you may have.

If you decide to send the exhibits ahead of time, you can simply email them to opposing counsel and the court reporter, or send a link to a cloud-based folder. If you need to keep certain exhibits private until the deposition, password-protect them with a strong alphanumerical password before sending. Use a different password (non-sequential) for each, so if you choose not to use certain exhibits, opposing counsel won’t have access to them.

On the other hand, if you want to sit on the exhibits—which can be effective if you have a “smoking gun”—make sure you know how to get the exhibits to everyone in the remote deposition software you’re using in Phoenix, AZ. Videoconferencing software often has features like screen sharing, “drawing” on the exhibits and other key presentation attributes. They can be useful, but only if you know how to make the most of them. Practice with a colleague to ensure you’ve got the hang of it before the actual proceeding.

Designate an exhibit host

Depending on how comfortable you are with remote depositions, you may want to designate an exhibit “host,” who is in charge of delivering exhibits or highlighting them while the lead attorneys handle the questions. This is particularly helpful if you’re not comfortable with the technology or have a hard time doing several things at once.

Presenting exhibits during a deposition

Once you’ve decided how to handle the exhibits, working with them during the actual deposition will depend on what kind of videoconferencing software you use. For example, in Zoom, you can only upload exhibits after the meeting has already started. A member of your team can upload the exhibits to the chat feature, then wait until everyone in the meeting has downloaded them. Then the deposition can begin. Keep in mind that you’ll need to download copies of all exhibits before leaving the meeting—Zoom does not archive chats and files.

Adobe Connect, another popular videoconferencing program, has a designated document “pod” where you can upload documents before the deposition. During the deposition, a member of your team can drop the appropriate documents into the “view exhibit pod,” which makes them available to opposing counsel.

Whichever method you choose, make sure you practice beforehand—and work with court reporters who are skilled at handling remote depositions and exhibits in Phoenix, AZ. Call Bartelt | Nix Reporting, LLC to schedule your next deposition.

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