The Elements That Make Up a Strong and Effective Remote Deposition

November 15, 2021 6:14 pm Published by Leave your thoughts

Remote depositions have been occurring for years now, but they became especially popular during the COVID-19 pandemic. As lawyers and the court systems adjusted to the “new normal,” remote depositions became a smart and safe way to keep the wheels of justice turning, even during lockdown. However, while the elements of a strong deposition stay largely the same, making a remote deposition effective is different. When you’re used to in-person proceedings, this can be a major adjustment.

Here’s a closer look at how you can make the most of your next remote deposition:

  • Scope and purpose: Like a regular deposition, remote depositions also need a statement of scope and purpose. This ensures both parties can adequately prepare ahead of time. Discuss what information is to be gained and how it will be used after the deposition has concluded.
  • Address the parties’ concerns: In addition to the scope and purpose of the deposition, your deposition protocol should also address any of the parties’ concerns. For example, you might note whether all or only some of the depositions in the case will be held remotely.
  • Decide on exhibit protocol: Next, you’ll need to agree on the exhibit protocol. How will you exchange exhibits? How will these be entered into the record? It’s important to describe this process in detail, so the exhibits are not lost or miscategorized.
  • List and practice with technology: Be sure to list which types of technology you’ll use (such as the remote deposition software) so everyone is on the same page. Then practice with the software and the internet connection, so you can iron out any wrinkles before the actual deposition begins. If you plan to use “breakout rooms” in the deposition software, decide how that will be handled beforehand.
  • Get the testimony on the record: Just like at an in-person proceeding, your court reporter will need to state the date and time, their name and why the deposition is required. From there, all statements are on the record unless otherwise specified, or during a recess.
  • Determine how the proceeding will be recorded: Whether you’re recording audio or video, streaming live or using another method, you need to decide how you’ll record the deposition. Make sure you have the right technology to accomplish your goals.
  • Choose the right space: Finally, make sure you choose the right space for your depositions. Book a quiet, well-lit room with appropriate internet, technological and power capabilities. This will ensure that your recording is undisturbed.

Making a remote deposition effective is a matter of preparation and practice. Once you’ve addressed these concerns with opposing counsel, you’ll be prepared to handle the substantive and technological portions of a remote deposition.

If you need help setting up a remote deposition, the team at Bartelt | Nix Reporting, LLC would be happy to help. We provide a variety of deposition and court reporting services, including remote deposition conference rooms, videography, transcription services and more. Get in touch with us today to get started with a consultation.

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