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Frequently Asked Questions About Remote Proceedings

What do I do if my client does not have a pc and just a phone?
No problem. People can participate via smartphone or tablet. If that's not an option, they can still dial into the deposition with a phone call.

How does the functionality of LegalView differ between laptops, iPads, and iPhone?
iPads have all of the functionality of the desktop app. The mobile phone app isn't as full featured in terms of exhibit sharing and annotation. But their cameras are quite good for doing video calls.

I am on VPN and can't get my camera to work
VPN can hamper the video stream. Some people hae been able to log in a second time and have the ability to stream video. Some VPNs will always block video. 

What stops the witness from getting coached via text or email from their counsel?
Witness coaching is a risk at any deposition. Whether it's done through gentle nudges under a table during the deposition, discussed during off-the-record meetings breaks or sent as text messages during a remote deposition or phone dep. Generally speaking, attorney ethics prevent any egregious witness coaching. Like in face-to-face depositions, opposing counsel should be attentive to signs of witness coaching. Instead of kicking under the table, now attorneys can be attentive to sudden typing or audible indicators of incoming messages. If witness coaching is suspected, there is court precedent for preserving instant messaging and sanctions for malfeasance. (WEI NGAI, an infant by her Guardian v. OLD NAVY, a subsidiary of GAP, Inc., et al., Civil Action No. 07-5653)

How do I handle exhibits?
Pre-marked exhibits can be provided via email to all parties in advance of the proceeding or electronic exhibits can be shared online during the deposition.

How do we make a ruling during the proceeding?
In general, this would be the same as a traditional deposition or a phone deposition - take a break, contact the judge, and have them rule on a particular matter. Unless the judge is anticipating a call to join the deposition, it is unlikely that they will join the event to make a ruling. 

How can we go on and off the record?
This is the same as any other deposition. Once all parties agree to go off the record, they inform the court reporter.

Can you set up separate breakout rooms for prepping or collaboration with second chairs?
Yes, just let us know at least a day in advance of the deposition to ensure that everyone is assigned to the correct breakout room. 

Are we allowed to tell the witness to situate themselves where I can see their hands?
That is a matter for discussion with opposing counsel. We are not aware of any case law which requires the deponent or opposing counsel to show their hands. If this matter is serious enough, it can be discussed with the judge or special master on a case. 

How are interpreters handled in the video deposition?
Easy! Interpreters are invited to join the event just like the court reporter. They provide the same service that they otherwise would in the deposition...from their home.

Where will the location be on the appearance page?
Unless the parties stipulate otherwise, the location on the appearance page will be the location from which the deponent testifies. This can be redacted to protect the address of the deponent.

If the witness is in another state - can the reporter swear them in?
It depends on state rules. We have created a resource guide for our clients on this topic. In general, attorneys can make those stipulations. For the state of New York, CPLR 3113(d) permits the attorney to stipulate that "...with respect to civil depositions, a notary may under the specific provisions of Article 31 of the CPLR and in compliance therewith, swear in a remote witnesses..."

I've heard about security problems with online meetings in the news - is it still safe to use this platform for my deposition? 
LegalView, our remote deposition platform, has been built to incorporate the scalability, ease of use and ubiquity of best-in-class video applications with our own robust security protocols to protect our clients and their proceedings. Our clients are not vulnerable to the security problems you read about in the news. Lexitas is the market leader in remote deposition technology with over 13,000 successful LegalView sessions with 0 security issues reported. Below are just a few of the measures we take. For the complete list of all of our remote deposition security precautions click here.

How Lexitas ensures the security and privacy of your remote proceeding:

1. All LegalView events are private.
2. Our meeting links ar never posted in a way that the general public can access or search for them.
3. We do not use repeatable personal meeting IDs for our meetings. Instead, Lexitas uses a randomly-generated secure meeting ID, exclusive to a single meeting.
4. Our unique meeting IDs are valid only on the day of the proceeding, thereby making it even more secure.
5. Every LegalView event is hosted. Hosts have total control over the meeting, and have the ability to identify and remove any unauthorized participants.





 
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