How to Build Flexibility Into Your Deposition Notice

In today's litigation environment, schedules can change quickly. A witness may need to appear remotely, a court reporter's attendance method may shift, or video recording may be requested. Preparing for these possibilities in advance can help avoid delays, disputes, or the need to re-notice a deposition.

Three Important Questions to Consider

When drafting your deposition notice, consider the following:

1. Might any participant attend remotely?

This includes witnesses, attorneys, interpreters, court reporters, or videographers.

2. Could audio or video recording be needed?

Even if stenographic reporting is your primary method, circumstances may arise that make audiovisual capture beneficial.

3. How can I ensure optimal reporter availability and coverage?

With the increasing shortage of stenographic reporters, adequate coverage can be a challenge. Expanding your notice to cover additional methods of capture ensures delays and minimized.

Why It Matters

Including language that includes remote participation and multiple recording/capture methods provides flexibility if circumstances change before the deposition. It also helps ensure all parties are on notice regarding the potential use of remote technology and audiovisual services, reducing the likelihood of objections or logistical challenges on the day of the proceeding.

Recommended Language

This deposition may be recorded by stenographic, voice, and/or audio-video means. The noticing party reserves the right to conduct the deposition by videoconference or other remote means. If the deposition officer, witness, or any participant attends remotely, the parties agree to the remote administration of the oath and the use of remote technology to facilitate the proceeding.

Important Note

It is important to keep in mind that while including more expansive language in the deposition notice is a good strategy, there may be state-specific requirements around oath administration, remote proceedings, or method of capture that will still need to be adhered to.

Bottom Line

Updating the language in your deposition notice can provide significant flexibility and help keep your depositions on track when unexpected changes occur. Planning ahead allows your team to adapt quickly while minimizing disruption to the proceeding.

Have questions about remote depositions, videography, exhibit sharing, or deposition logistics?

Your Lexitas team can help you identify potential issues early and ensure you're prepared for a seamless proceeding from start to finish.

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