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8 Tips for a Successful Remote Deposition

  • April
  • 01
  • 2020
  • Written by: Jason Primuth, EVP Strategy and Innovation, Lexitas

Due to the current crisis, many of our clients are now conducting and attending remote depositions and other legal proceedings remotely. For the past 10 years, Lexitas has supported thousands of remote video depositions and gathered many valuable tips for a successful remote experience:

Practice

It’s advisable to do a test call in advance of your first deposition to practice all of the features you might use: muting your microphone, turning off your camera, sharing and exchanging documents, etc. You should also test your camera, microphone and speaker to make sure that everyone can see and hear each other.

Bandwidth

Test your internet speed to make sure you’ve got enough bandwidth for remote depositions. Check out speedtest.net for an easy test. Minimum bandwidth is 5 Mbps (up/down) but more is always better.

Background

As much as possible, reduce the clutter and bright light behind you. You should have more light pointing toward you and less light streaming in behind you. You can also purchase an inexpensive background screen similar to those used by professional videographers.

Exhibits

Decide ahead of time how you want to handle exhibits:

  1. Pre-mark exhibits and provides them via email to all parties in advance of the proceeding, or
  2. If you prefer to share them on your screen at the deposition; organize all exhibits that you might use during the deposition, pre-mark them, and save them to one folder on your desktop so that you can control and exchange them one at a time.

Legal Considerations

Make sure that your deposition notice mentions that the deposition will be conducted remotely. If the court reporter is not with the deponent, make sure that all parties stipulate that the oath may be taken remotely. Many states are now waiving this requirement. Click here for a list of the recent state changes.

Objections

If there are multiple attorneys in a deposition, please remember to identify yourself before objecting.

Interruptions

Try to pace your questions to allow the deponent to answer fully. Encourage them to wait until you finish asking your question. It’s difficult to eliminate speaking over one another, but with some practice, remote attendees can avoid cutting each other off.

Distractions

If possible, disable other applications such as email, instant messaging and news alerts. Put your phone on do not disturb especially if using it to attend the deposition.

Your depositions and other legal proceedings can continue on schedule from the safety and comfort of your home with just an internet connection and camera-enabled computer or device. And to further support our clients during this difficult time, we are waiving our remote deposition fees.

To download these helpful tips, Click Here.

About the Author

As a legal industry technology executive, Jason Primuth brings broad experience in court reporting technology. Prior to his role as Executive Vice President of Strategy and Innovation at Lexitas, Jason was the General Manager of RealLegal and the Vice President of Sales at LiveNote, Inc. which included LiveNote software and West Court Reporting Services, the court reporting division of Thomson Reuters.

A regular presenter at conventions for attorneys, corporate counsel, and court reporters, Jason has educated thousands of professionals on the best practices of litigation technology. Jason studied international politics and diplomacy at the George Washington University in Washington, DC.


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