Video Deposition Admissibility

Are ‘Zoom Depositions’ Really Inadmissible?

An article was recently published on Law360.com warning attorneys that ‘Zoom depositions are likely inadmissible.’ This has caused understandable concern among the thousands of attorneys who have been taking video depositions remotely for the past year and a half. The premise of the author is that if a participant in the deposition is simply hiring the ‘record’ button on the video interface, recording the entirety of the deposition (including off the record conversations) and saving the recording to their local computer then this video may not be admissible in court. Having a deposition thrown out would be a nightmare scenario for any attorney. This risk can be avoided when you work with an experienced remote deposition provider that follows established Zoom deposition rules.

With over 25,000 remote depositions managed in just the past year, and more than a decade of experience, Lexitas provides trusted expertise supported by certified videographers, court reporters, and secure protocols. We treat legal video depositions with the same strict protocols we use for in-person video depositions and we adhere to all established laws and protocols as follows:

The notice should specify that the deposition will be recorded by video as well as written transcripts.
No one but Lexitas can record the deposition – the ability to record a remote deposition hosted by Lexitas is not available to anyone except the legal videographers or deposition monitor.
A videographer or deposition monitor will control the recording, do the initial read-in script, go on and off the record, and maintain possession of the video conferencing recording after the deposition to certify it, preserve the chain of custody, and ensure that the video is part of the official record.

Are you confident all your deposition video from the past year and a half will be admissible if needed? Ensure your next video deposition is compliant, secure, and admissible. Schedule your remote deposition with Lexitas today.

Key Questions Around Admissible Remote Depositions

If you're wondering whether your remote depositions are admissible, ask your deposition provider these key questions:

1. Who has the ability to record the proceeding?

Tip – the provider should have the recording function locked down and only the videographer or deposition monitor should be able to record.

2. Who is doing the read-in script? Does it satisfy the requirements of the jurisdiction of the deposition?

Tip – this must be a certified videographer, deposition monitor, or court reporter.

3. Is the recording paused when deposition participants go off the record?

Tip – it is essential that off the record conversations are not recorded.

4. How is the video recording stored?

Tip – your provider should always store the video deposition to a secure server and be able to prove that the video has not been modified since it was recorded.

FAQs about Zoom Depositions

How do you prepare for a Zoom deposition?

A strong preparation plan is key. First, review exhibits and test the video platform in advance. Work with an experienced court reporter to confirm the realtime feed and deposition transcript process. Finally, coach witnesses to speak clearly, pause before answering, and remain professional throughout the proceeding.

What should you wear to a Zoom deposition?

Professional, conservative attire is recommended, similar to what you would wear for an in-person court appearance. Neutral colors without distracting patterns help ensure that the focus remains on your testimony.

What is the etiquette for a Zoom court hearing?

Maintain the same professionalism as in a courtroom. Mute when not speaking, address participants respectfully, and avoid distractions such as eating or checking your phone. Confirm exhibits are exchanged with opposing counsel and the court in advance.

What happens during a Zoom deposition?

A Zoom deposition mirrors the structure of an in-person deposition. The court reporter administers the oath and records testimony verbatim. Participants join through a secure video platform, and the official video deposition and transcript become part of the record.

What equipment is required for a Zoom court hearing?

A computer or tablet with a camera, microphone, and a stable internet connection is essential. While phones can be used for audio, witnesses and interpreters should use a computer to ensure accuracy and functionality during the proceeding.

Do you have to stand up in Zoom court?

Yes. Even in virtual hearings, formalities apply. Witnesses are typically required to stand and raise their right hand when sworn in, just as they would in a physical courtroom.

Note: This is purely informational, and not intended to be legal advice. Please consult with local rules for any updates or clarifications.

Since 1995, Brenda Keith has worked in marketing for some of the leading companies in the litigation support industry. From eDiscovery to court reporting to trial support, Brenda’s entire career has been focused on driving scalable, predictable revenue growth in the legal service vertical.

Connect:

Related Resources

3 Texas Court Reporter Rules Attorneys Should Know

Rule violations could mean negligence on behalf of a court reporter or law firm that would adversely affect the case.

5 Things to Expect from Your Court Reporting Firm

Here are five things to expect from your court reporting firm to have your case go smoothly.

How Lexitas Data Security Ensures High Service Levels

As a fast-growing company, providing high levels of service and security are very important to us and our clients.